IRLF 


CO 
O 

o 


I 


LIBRARY 

OF  THE 

UNIVERSITY  OF  CALIFORNIA. 


GIFT 


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Outlines  and  Documents 


OF 


ENGLISH  CONSTITUTIONAL  HISTORY 


DURING  THE  MIDDLE  AGES 


Edited  by 

CHARLES  L.  WELLS,  Ph.  D. 

and 

FRANK  M.  ANDERSON,  A.  B. 


Published  for 

The  Department  of  History,  University  of  Minnesota 


MINNEAPOLIS: 
THE  UNIVERSITY  BOOK  STORE 

1895 


Outlines  and  Documents 


OF 


ENGLISH  CONSTITUTIONAL  HISTORY 

DURING  THE  MIDDLE   AGES 


/.    SOME  IMPORTANT  FACTS  OF  ENGLISH  HISTORY 

1.  MATERIAL.    The  material  for  English  history  is  greater  in  amount  and 
variety  than  in  the  case  of  any  other  European  country. 

2.  UNITY.    The  history  of  England  is  one  of  the  best  illustrations  of  the  law 
of  the  unity  of  history.    There  is  no  break  in  the  continuity  of  development ; 
each  period  can  be  explained  only  by  reference  to  the  preceding.     While   more 
separate  and  distinct  than  any  other  nation,  it  is  at  all  points  intimately  con- 
nected with  the  rest  of  European  history. 

3.  GEOGRAPHY.    The  physical  features  of  the  land,  insularity,  soil,  climate, 
etc.,  have  in  large  measure  influenced  English  history. 

4.  INSTITUTIONS.    Our  interest  is  chiefly  institutional ;  the  following  general 
observations  if  firmly  grasped  will  be  helpful. 

a.  The  English  unwritten  constitution  is  a  growth. 

b.  The  germs  from  which  it  grew  are  Teutonic. 

c.  The  order  of  growth  has  been  from  local  to  central. 

d.  From  the  English  political  institutions  all  modern  free  political  institu- 

tions have  been  derived. 

1)  In  America  and  the  English  colonies,  by  unconscious  reproduction. 

2)  Elsewhere,  by  conscious  imitation. 

e.  The  most  important  of  these  institutions  are  representative  legislative 

bodies,  the  jury  system  and  constitutional  monarchy. 

5.  RACE  SPIRIT.    This  is  hard  to  define  but  its  most  evident  and  influential 
characteristics  are  conservatism  and  respect  for  law. 

II.    ORIGINS 
A.  BIBLIOGRAPHY. 
I.   Roman. 

1.  Original. 

Bede:   Ecclesiastical  History. 
Gildas:  De  Excedio  Britannia?. 
Nennius:  Historia  Britonum. 

2.  Secondar}-. 

Arnold:   Roman  Provincial  Administration. 
Bright :  Early  English  Church  History,  Chap.  I. 


228270 


Coote :  Romans  of  Britain. 

Creasy:  History  of  England,  Vol.  I.,  Chap.  II. 

Elton:  Origins  of  English  History,  Chap.  XI. 

Gardiner  and  MuUinger:  English  History  for  Students,  Part  II., 

Chap.  I. 

Guest:  Early  English  Settlements  in  South  Britain. 
Lingard:  History  of  England,  Vol.  I.,  Chap.  I. 
Mommson:  Provinces  of  the  Roman  Empire,  Vol.  I.,  Chap.  V. 
Pearson:  History  of  England,  Vol.  I.,  Chaps.  I-V. 
Pike:  History  of  Crime  in  England,  Vol.  I.,  pp  8-35. 
Scarth:  Roman  Britain,  Chaps.  XIII.,  XIV.,  XVII.  and  XXI. 
Traill-.  Social  England,  Vol.  I.,  Chap.  I. 
Wright:  Celt,  Roman  and  Saxon,  Chaps.  XIII.  and  XV. 
II.  Teutonic. 

1.  Original. 

Caesar:  Commentaries,  Book  VI.,  Chaps.  21-23. 
Tacitus:  Germania,  Chaps.  2-9,  11-16,  18-26. 
Stubbs:  Select  Charters,  pp  52-59. 

2.  Secondary. 

Adams:  Civilization  during  the  Middle  Ages,  Chap.  V. 
Andrews:  English  Manor,  Introduction. 
Babbington:  Fallacy  of  Race  Theories,  Chap.  IV. 
Coulanges:  Origin  of  Property  in  Land,  pp  1-72,  149-153. 

Institutions  Politiques,  Livre  III.,  Chap.  I. 

Cunningham :  Growth  of  English  Industry,  Vol.  I.,  Book  I.,  Chap.  II. 
Gibbon:  Decline  and  Fall  of  the  Roman  Empire,  Chap.  IX. 
Guizot:  Civilization  in  France,  Vol.  II.,  Lecture  VII. 
Gummere:  Germanic  Origins,  Chaps.  I.,  II.,  V.,  VIII-X.,  XV. 
Kemble:  Codex  Dimplomaticus,  Introduction.   Saxons  in  England, 

Vol.  I.,  Chap.  II. 

Palgrave:  English  Commonwealth. 
Seebohm:  Village  Communities,  Book  I.,  Chap.  II. 
Stubbs:  Constitutional  History  of  England,  Chaps.  I.-III. 
Taylor:  Origin  and  Growth  of  the  English  Constitution,  Book  I. , 

Chap.  I.-III. 
Waitz:  Deutsche  Verfassungscgeschichte. 

B.    THEORIES. 

1.  Roman  and  Teutonic,  significance. 

2.  Roman  theory. 

a.  Statement. 

b.  Roman  occupation. 

1)   The  Conquest  (55  B.  C.  to  85  A.  D.). 

a)  Caesar  (55-54  B.  C.);  occasion  and  result. 

b)  Aulius  Plautius  (42  A.  D.). 

c)  Seutomus  (58-61  A.  D.);  Mona,  Boadicea. 


d)   Agricola  (78-85  A.  D.);  conquest  completed. 

2)  Civilization ;  extent  and  influence. 

a)  Government. 

b)  Religion:  introduction  of  Christianity,  traditions  and  es- 
tablished facts. 

c)  Language. 

d)  Cities,  roads,  walls,  etc. 

3)  Result  of  occupation  ;  conflicting  views. 

a)  Permanent;  evidence. 

b)  Temporary ;  evidence. 

c)  Conclusion;  significance  of  occupation. 
3.    Teutonic  theory. 

a.  Statement. 

b.  Stage  of  development ;  shown  in 

1)  Occupations. 

2)  Customs  and  manners. 

c.  Political  organization. 

1)  Ranks  and  classes. 

a)  Nobles. 

b)  Freemen. 

c)  Freedmen. 

d)  Staves. 

Tacitus:  Chap.  25.  They  use  slaves,  but  not  as  we  do,  with  duties  as- 
signed among  the  domestics.  Each  slave  has  his  own  dwelling  and  rules  his 
own  household.  The  freedmen  are  not  much  above  the  slaves; 

rarely  are  they  of  any  consequence  in  the  household  and  never  in  the  state,  ex- 
cept in  those  tribes  which  have  a  king,  for  there  they  even  rise  above  the  free- 
men and  nobles.  But  among  others  the  inferior  condition  of  the  freedman  is 
an  evidence  of  freedom. 

2)  Divisions  and  assemblies. 

a)   The  tribe  (civitas),  tribal  assembly. 

Tacitus,  Chaps.  11  and  12.  In  matters  of  inferior  moment  the  chiefs  de- 
cide; on  more  important  questions  all  have  a  voice;  and  yet,  though  all  have 
a  voice,  the  proposals  acted  upon  have  been  previously  drawn  up  by  the  chiefs. 
They  assemble,  unless  there  is  some  unusual  occasion,  on  fixed  days.  * 
*  *  When  the  assembly  is  ready,  they  sit  down  armed.  Silence  is  pro- 
claimed by  the  priests  who  have  authority  to  maintain  it.  Then  the  king  or 
one  of  the  chiefs  whose  age,  noble  birth,  reputation  in  war  or  eloquence 
commands  attention  is  heard,  speaking  with  the  weight  of  persuasion 
rather  than  with  the  power  of  command.  If  the  proposal  is  dis- 
pleasing the  assembly  reject  it  by  a  shout,  if  pleasing  accept  it  b}- 
striking  their  spears  together.  The  form  of  assent  most  highly  prized 
is  the  applause  of  arms.  At  the  tribal  assembly,  also,  capital  offenses  are 
tried.  The  punishment  varies  with  the  crime.  *  *  *  In  these  tribal 


assemblies  are  chosen  the  chiefs  \vlio  administer  justice  in  the  hundreds  and 

villages. 

(1)  Monarchial\        cf.    Tacitus,   Chap.    7  and   Caesar  VI., 

(2)  Republican  j         Chap.  23. 

b)  The  Hundred  ;  (pagus)  judicial  and  military  unit ;  assembly. 
Tacitus:   Chap.  12.     A  hundred  colleagues  from  the  people  act  with  each 

chief,  forming  at  once  counsel  and  authority. 

c)  The  Village  (vicus) ;  lowest  unit;  assembly? 

Tacitus:  Chap.  16.  It  is  well  known  that  none  of  the  Germans  live  in 
cities;  nor  do  they  permit  among  them  even  contiguous  dwellings  but  dwell  scat- 
tered and  apart  where  a  spring,  meadow  or  grove  has  taken  their  fancy.  Nor 
do  they  arrange  their  villages  like  ours  with  connected  and  adjoining  buildings. 
Each  has  a  plot  of  ground  around  his  dwelling,  either  as  a  precaution  against 
fire,  or  from  lack  of  skill  in  building. 

d.  Land  tenure;  theories. 

1)  The  Mark. 

2)  The  Manor. 

Tacitus:  Chap.  26.  To  lend  out  capital  and  to  take  usury  is  unknown.  The 
fields  are  occupied  alternately  by  the  whole  body  of  cultivators  according  to 
their  number  and  these  fields  they  then  divide  among  themselves  according  to 
their  estimation.  The  extent  of  open  ground  makes  the  division  easy.  They 
change  the  tilled  area  each  year  and  there  is  land  left  over. 

e.  Military  organization. 

1)  The  Host,  (cf.  Tribal  assembly). 

2)  The  Comitatus. 

Tacitus:  Chap.  16.  The  Germans  transact  no  public  nor  private  business 
unless  armed.  No  one  bears  arms  until  the  tribe  has  approved  his  right  to  assume 
them.  Then  in  the  tribal  assembly  either  some  one  of  the  chiefs,  or  the  father 
or  a  kinsman,  equips  the  youth  with  shield  and  spear.  With  them  this  is  the  toga, 
the  first  honor  of  youth;  before  this  they  form  a  part  of  the  household,  here- 
after of  the  state.  Illustrious  nobility  or  the  great  merits  of  their  fathers  as- 
sign to  them  even  while  3Touths  the  esteem  of  some  chief;  they  join  others 
stronger  and  already  tried.  Nor  is  it  a  disgrace  to  be  seen  among  the  followers. 
The  comitatus  itself  has  grades  of  honor  determinedby  thechief  whom  they  fol- 
low. Thus  there  is  great  rivalry  among  the  followers  to  hold  the  first  place  in  the 
estimation  of  the  chief;  and  among  the  chiefs  who  shall  have  the  most  and 
the  bravest  followers.  In  surrounding  themselves  with  large  bands  of  picked 
youths  is  their  glor3'  and  their  strength ;  in  peace  an  honor,  and  in  war  a  de- 
fense. Not  only  among  his  own  tribe  but  also  among  the  neighboring  tribes 
is  it  a  special  glory  for  the  chief  to  have  a  comitatus  preeminent  for  numbers 
and  valor;  he  is  even  sought  out  by  embassies  and  laden  with  gifts,  while  often 
his  renown  alone  terminates  a  war.  In  battle  it  is  disgraceful  for  the  chief  to 
be  excelled  in  valor  by  his  followers,  or  for  the  comitatus  not  to  equal  the  valor 
of  the  chief.  He  who  leaves  his  chief  upon  the  field  of  battle  is  accounted  in- 
famoxis  for  life.  To  defend  him,  to  die  for  him,  and  even  to  ascribe  to  his  glory 


their  own  brave  deeds  is  their  sworn  and  sacred  duty.  The  chief  fights  for 
victorj^,  the  followers  for  their  chief.  If  the  tribe  to  which  they  belong 
languishes  in  continual  peace  and  quiet,  many  of  the  noble  youths  seek  those 
tribes  then  engaged  in  war,  because  repose  is  displeasing  and  they  gain  renown 
more  readily  among  dangers ;  nor  can  a  comitatus  be  supported  except  by 
violence  and  war.  They  require  from  the  liberality  of  their  chief  this  warlike 
steed,  that  bloody  and  victorious  spear.  Well  prepared  banquets,  though  rude 
indeed,  take  the  place  of  regular  pay. 

f.  Law. 

Tacitus:  Chap.  19.  Among  them  good  customs  are  more  effectual  than 
good  laws  elsewhere. 

1)  Feud. 

2)  Wergild. 

Tacitus:  Chap.  21.  It  is  necessary  to  take  up  the  feuds  as  well  as  the  friends 
of  father  or  kinsman.  But  they  do  not  continue  irreconcilable,  for  even  homi- 
cide can  be  atoned  for  by  the  payment  of  a  fixed  number  of  cattle;  and  thereby 
the  whole  family  receives  satisfaction,  advantageously  to  the  state  because 
feiids  are  more  dangerous  among  a  free  people. 

HI.    THE  ANGLO-SAXON  PERIOD  (449-1066) 

A.    BIBLIOGRAPHY. 

1.  Original. 

ANGLO  SAXON  CHRONICLE. 

ASSER:  Life  of  Alfred. 

BEDE  :  Ecclesiastical  History. 

FLORENCE  OF  WORCESTER:  Chronicle. 

STUBBS:  Select  Charters,  pp.  60-78. 

STUBBS  and  HADDEN:  Church  Councils. 

THORPE  :  Ancient  Laws  and  Institutes. 

2.  Secondary. 

Adams  et  al.:  Essays  in  Anglo-Saxon  Law. 

Allan:  Anglo-Saxon  Britain. 

Allen :  Essays  and  Monographs. 

Rigelow :  History  of  Procedure,  pp.  20-25. 

Bright:  Early  English  Church  History,  Chaps.  II.,  VI.-IX. 

Church:  Beginning  of  the  Middle  Ages,  Chaps.  IV.  and  IX. 

Cox:   Antient  Parliamentary  Elections,  Chaps.  I  .-III. 

Creasy:  History  of  England,  Vol.  I.,  Chaps.  III.-VI. 

English  Constitution,  Chaps.  I.-III. 
Cunningham :    Growth   of  English   Industry  and   Commerce,    Chaps. 

III.-V. 
Cunning-ham  &  McArthur :    Outlines  of  English  Industrial   History, 

Chaps.  II.,  III. 
Digby  :  History  of  the  Law  of  Real  Property,  Chap.  I.,  Section  I. 


Feilden:  Constitutional  History  of  England,  pp.  1-13,68,70-71, 

92-94,  162-164,  203-208,  222-224,  260-261,  272-274. 
Forsyth:  History  of  Trial  by  Jury,  Chap.  IV. 
Freeman  :  English  People  in  their  Three  Homes.     Lectures  I. -IV. 

Growth  of  the  English  Constitution,  Lecture  I. 

Norman  Conquest,  Vol.  I.,  Chaps.  I.-III. 

Origin  of  the  English  Nation. 

Gamier:  History  of  English  Landed  Interest,  Vol.  I.,  Chaps.  V.-VII. 
Gibbins:  Industrial  History  of  England,  Chap.  I. 
Glasson:  Droitet  Institutions,  Tome  I.,  Chaps.  I.,  3,  II.,  III.  and  VI. 
Gneist :    History  of  the  English  Constitution,  Vol.  I.,  Chaps.  I.-VIL, 

esp.VI.  and  VII. 

Gomme:    Village  Community,  Chap.  VI. 
Green:  Conquest  of  England,  Chaps  V.-IX. 

History  of  England,  Vol.  I. 

Making  of  England,  Esp.  Chap.  IV. 
Hallam :  Middle  Ages,  Chap.  VIII.,  Part  I. 
Hunt :  English  Church  in  the  Middle  Ages,  Chaps.  I.-V. 
Jusserand:    Literary  History  of  the  English  People,  Chaps.  II.,  IV. 
Kemble:  Saxons  in  England,  Vol.  I.,  Chaps.  II.,  III.,  VI.,  VII.;  Vol. 

II.,  Chaps.  I.,  VI. 

Lavaleye :    Primitive  Property,  Chap.  VII. 
Lea :  Superstition  and  Force. 

Milman:  Latin  Christianity,  Book  IV.,  Chaps.  III.,  IV. 
Palgrave:  History  of  the  English  Commonwealth. 
Pavli:  Life  of  Alfred. 
Pearson:   History  of  England,  Vol.  I.,  Chaps.  VI.-XXL,  esp.VI., 

XL,  XVIII.,  XIX. 

Perry:  English  Church  History,  Vol.  I.,  Chaps.  II.-V. 
Pike:  History  of  Crime  in  England,  Vol.  I.,  pp.  52-6. 
Pollock  and  Maitland :    History  of    the    English    Law,    Vol.  I., 

Chap.  I. 

Ranke:  History  of  England,  Vol.  I.,  pp.  10-22. 
Reeves:  History  of  English  Law,  Introduction,  pp.  Xl.-CXXVII., 

and  Chap.  I. 
Smith  and  Wace:  Dictionary  of  Christian   Biography,  articles  on 

Bede,  et  al 

Spence:  Equitable  Jurisdiction. 
Stubbs:  Constitutional  History  of  England,  Vol.  I.,Chaps.IV.-VII. 

Select  Charters,  pp.  1-13. 
Todd:  Parliamentary  Government  in  England,  Vol.  I.,  pp.  49-60, 

Vol.  II.,  pp.  1-11. 

Traill :  Social  England,  Vol.  I.,  Chap.  II. 
Trench:  Mediaeval  Church  History,  Lecture  III. 
Vinogradoff:  Villainage  in  England,  Introduction. 


B.  NARKATIVE  ;  Growth  of  Unity. 

1.  The  Saxon  conquest,  4-49-597. 

a.  The  tribes;  place  of  settlement. 

b.  Character  of  the  conquest ;  cf.  Frank  conquest  of  Gaul. 

c.  Survival  question  ;  opinions. 

d.  Formation  of  the  heptarchic  kingdoms. 

2.  Consolidation,  597-827;  brought  about  by 

a.  Christianity'. 

1)  Augustine  and  the  Roman  missionaries. 

2)  The  Irish  Church. 

a)  Foundation — St.  Patrick. 

b)  Work  in  Northumbria. 

3)  The  Council  of  Whitby,  664. 

a)  The  questions  at  issue;  nominal,  ultimate. 

b)  The  churches  compared ;  organization,  spirit. 

c)  The  decision ;  reason  and  result. 

4)  Theodore  of  Tarsus  and  his  work  of  organization. 

a)  Methods. 

b)  Results;  ecclesiastical  and  political. 

b.  The  struggle  for  supremacy. 

1)  The  three  leading  tribes ;  Northumbria,  Mercia  and  Wessex. 

2)  Final  triumph  of  Wessex ;  character  of  its  supremacy ;  nominal 
unity. 

3.  The  first  Danish  invasions,  787-901. 

a.  Causes  and  periods. 

b.  First  period— plunder,  787-855. 

c.  Second  period— settlement,  855-878. 

d.  Third  period— to  death  of  Alfred,  878-901. 

1)   Treaty  of  Wedmore,  878;  terms. 

a)  Division  into  Wessex  and  the  Danelaw. 

b)  Conversion  of  the  Danes. 

c)  Headship  of  Wessex;  result. 

4.  Reconquest  of  the  Danelaw,  901-959. 

a.  Chief  events  and  method. 

b.  Result;  "Wessex  has  grown  into  England;"  approximate  unity; 
cf.  827. 

5.  Anglo-Saxon  decadence,  959-1066. 

a.  Renewal  of  the  Danish  invasions. 

1)  Method  of  resistance ;  Danegeld. 

2)  Final  period — conquest — Knut  and  his  sons. 

b.  The  English  restoration,  1042-1066. 

1)  Edward  the  Confessor. 

a)  Character  and  aspirations  of  the  King. 

b)  Conflict  between  Saxons  and  Normans — Godwin  and  Harold. 

2)  Harold. 

a)  Election. 

b)  The  Norman  conquest,  1066;  complete  unity;  cf.  827,  959. 


C.  CONSTITUTIONAL  DEVELOPMENT:  from  Personal  to  Territorial  System. 

1.  The  Kingship. 

a.  Development  from  temporary  war  chief. 

b.  Powers;  growth,  extent  and  nature. 

2.  The  Witenagemot. 

a.  Development  from  tribal  assembly. 

b.  Composition;  theoretical  and  actual ;  opinions. 

c.  Powers ;  extent,  relation  to  King. 

d.  Survival. 

3.  Ranks  and  classes. 

a.  Nobles;  eorls,  gesiths  and  thegns. 

b.  Freemen ;  ceorls. 

c.  Laeti;  dependents. 

d.  Slaves. 

4.  The  local  system  ;  origin  in  tribal  organization. 

a.  Divisions  and  assemblies;  duties. 

1)  Shire;  Shiremoot — duties — composition. 

2)  Hundred;  Hundred  Court — duties — composition. 

3)  Township;  Tungemot  ? 

b.  Relation  to  later  institutions. 

5.  Land  tenure. 

a.  Manorial  theory. 

b.  Mark  theory. 

c.  Gradual  feudalization. 

6.  Law. 

a.  Stage  of  development;  shown  in 

1)  Family  law. 

2)  Blood  feud. 

3)  Wergild. 

b.  Methods  of  proof. 

1)  Oath. 

2)  Com  purgation. 

3)  Ordeal. 

c.  Procedure. 

1)  Summons  by  plaintiff". 

2)  Judgment  by  suitors. 

3)  Presumption  against  defendant. 

4)  No  system  of  appeal. 

D.  COLLATERAL  TOPICS  ;  Learning  and  Literature. 

1.  Theodore  of  Tarsus  and  the  schools  at  Canterbury  and  York ;  Alcuiu. 

2.  Bede  and  his  works. 

3.  Alfred's  literary  and  educational  work. 

4.  The  Anglo-Saxon  Chronicle. 

5.  Beowulf. 


IV.    NORMAN  ENGLAND  (1066-1154) 

A.  BIBLIOGRAPHY. 

1.  Original. 

Anglo-Saxon  Chronicle. 

Domesday  Book. 

EADMER:  Historia  Novorum. 

FLORENCE  OF  WORCESTER:  Chronicle. 

Gesta  Stephani. 

ODERICUS  VITALIS  :  Ecclesiastical  History. 

STUBBS:  Select  Charters,  pp.  79-121. 

WILLIAM  OF  MALMESBURY  :  Historia  Novella. 

2.  Secondar3% 

ASHLEY:    Constitutional  Essays,  Feudalism. 

ANSON:  Law  and  Custom  of  the  Constitution,  Part  II,  pp.  6-12. 

BIGELOW:  History  of  Procedure  in  England,  Chap.  III. 

BIRCH:  Domesday  Book,  Chaps.  I.,  VIII.,  X. 

BOUTMY  :  The  English  Constitution,  pp.  3-20. 

CHURCH:  St.  Anselm,  Chaps.  XI.  and  XIII. 

Cox:  Antient  Parliamentary  Elections,  Chap.  IV. 

CREASY:  History  of  England,  Vol.  I.,  Chaps.  VII.  and  VIII. 

English  Constitution,  Chaps.  VI.-VIII. 
CUNNINGHAM:  Growth  of  English  Industr\r  and  Commerce,   Vol.   I., 

Book  II.,  Chaps.  I-III. 
DICEY:  Privy  Council,  pp.  1-10. 

DIGBY  :    History  of  the  Law  of  Real  Property,  Parti.,  Chap.  I.,  Sec.  II. 
DOWELL:    History  of  Taxation,  Vol.  I.,  Book  II.,  Chap.  II. 
FEILDEN  :    Constitutional  History  of  England,  pp.  14,  15,  68-73,  94, 

208-213,  274-77. 

FORSYTH  :    History  of  Trial  by  Jury,  Chap.  V.,  Sees.  I  and  II. 
FREEMAN:    Growth  of  the  English  Constitution,  pp.  71-74. 

Norman  Conquest,  Vol.  III.,  Chap.  XIII.,  Sec.  2;  Vol.  IV., 
Chap.  XVII.,  Sec.  1;  Vol.  V.,  Chaps.  XXII.  and  XXIV., 
esp.  the  last. 

William  the  Conqueror,  Chaps.  VII. -XI 

William  Rufus. 

GIBBIN:    Industrial  History  of  England,  Period  II.,  Chap.  I. 
GLASSON:    Droit  et  Institutions,  Tome  II.,  Chaps.  I.  and  III. 
GREEN  :     History  of  the  English  People,  Vol.  I.,  Book  II.,  Chaps.  I.,  II. 
GARNIER:    History  of  the  English  Landed  Interest,  Vol.  I.,  Chaps.  XI. 

and  XIL 

GNEist:  Constitutional  History  of  England,  Vol."  I.,  Chaps.  VIII.-XYI. 
HOOK:  Lives  of  the  Archbishops,  Vol.  II.,  Chaps.  II.— III. 
HUNT:  English  Church  in  the  Middle  Ages,  Chap.  V. 
HUNT:  Norman  Britain,  esp.  Chaps.  VII. -IX.,  XI.-XIII. 


JOHNSTON:  Normans  in  Europe,  Chaps.  XII.-XVII. 

LINGARD:  History  of  England,  Vol.  I.,  Chaps.  VIII.  and  IX.,   Vol.  II., 

Chaps.  I.  and  II. 
PEARSON:  History  of  England,  Vol.  I.,  Chaps.   XXII.-XXVIIL,  esp. 

XXIII.  "and  XXVII. 

PERRY:  English  Church  History,  Vol.  I.,  Chaps.  XI.-XIV. 
PIKE:  History  of  Crime  in  England,  Vol.  I.,  pp.  96-113. 
POLLOCK  and  MAITLAND:  History  of  the  English  Law,  Vol.  I.,  Chaps. 

II.  and  III. 

RANKE:  History  of  England,  Vol.  I.,  Book  I.,  Chap.  II. 
REEVE:  History  of  the  English  Law,  Vol.  I.,  Chap.  II. 
SMITH  and  WAGE  :   Dictionarj'  of  Christian  Biography,   articles  Lan- 

franc  and  Anselm. 
STUBBS:    Constitutional  History,  Vol.   I.,   Chap.  IX. -XI,  esp.  sections 

91, 93-97,  102-3, 117-129,  134. 

Earl}*  Plantaganets,  Chaps.  I.  and  II. 

Select  Charters,  pp.  13-21. 
TASWELL-LANGMEAD  :  Constitutional  History  of  England,  pp.  49-92, 

154-161,  204-209. 
TAYLOR:  Origin   and  Growth  of  the  English  Constitution,  Book  II., 

Chap.  I.,  sections  1  and  5,  Chap.  II. 
TRAILL:  Social  England,  Vol.1.,  Chap.  III. 
B.    NARRATIVE. 

1 .  The  Normans. 

a.  Origin  and  characteristics. 

b.  Settlement  and  history  in  France. 

2.  The  Conquest. 

a.  Claims  of  William. 

b.  Battle  of  Senlac;  election  and  coronation  of  William. 

c.  Revolts  and  reconquest ;  the  harrying  of  the  North. 

3.  The  Norman  reigns. 

a.  William  the  Conqueror  (1066-1087);  Consolidation. 

1)  Policy. 

Roger  ofHovedon,  II.,  218  (1070)  (Select  Charters,  81):  King  William, 
in  the  fourth  year  of  his  reign,  by  the  advice  of  his  barons,  caused  to  be  sum- 
moned in  every  county  of  England  the  English  nobles  and  wisemen,  and  those 
learned  in  their  laws  and  customs.  Therefore  twelve  men,  elected  in  each  county 
of  the  entire  country,  upon  oath  declared  that,  without  any  deviation,  they 
would  set  forth  the  customs  of  the  laws  and  decrees,  neither  omitting  nor  add- 
ing nor  falsifying  anything. 

2)  The  Domesday  Book. 

a)  Occasion,  purpose  and  character. 

b)  Method  of  the  survey. 

c)  Historical  value. 


TITLE  OF  THE  DOMESDAY  INQUEST  FOR  ELY 

(STUBBS'  SELECT  CHARTERS,  86) 

Here  is  enrolled  the  Inquest  of  the  Lands  as  the  king's  barons  made  the  in- 
quiry, f.  e.,  by  the  oath  of  the  sheriff  of  the  shire,  and  of  all  the  barons,  and  of 
the  French,  and  in  every  hundred,  of  the  priest,  reeve  and  six  villansfrom  each 
township.  Then,  what  the  manor  is  called;  who  held  it  in  the  time  of  King 
Edward;  who  holds  it  now ;  how  many  hides  (of  land);  how  many  carucates 
(of  land)  in  the  demesne  land ;  how  many  men ;  how  many  villans  ;  how  many 
cottagers;  how  many  slaves;  how  many  freemen;  how  many  socmen;  how 
much  forest;  how  much  meadow:  how  much  pasture;  how  many  mills;  how 
many  fish  ponds ;  how  much  it  has  increased  or  diminished ;  how  much  it  was 
all  worth  then  and  how  much  now ;  how  much  each  freeman  or  each  socman 
had  or  has  there.  All  of  this  in  a  three-fold  form,  /.  e.,  at  the  time  of  King  Ed- 
ward, then  when  King  William  gave  it,  and  as  it  is  now  ;  and  if  it  can  yield 
more  than  it  does  now. 

3)    The  Salisbury  Gemot  (1086). 
b.     William  Ruius  (1087-1100);  Tyranny. 

1)  Election  and  promises. 

2)  Quarrel  with  the  barons. 

a)  Occasion — feudal  exactions,  Flambard. 

b)  Result— union  of  king  and  people  against  barons, 
b.     Henry  1.  (1100-1135);  Organization. 

1)   Election. 

a)  Oath. 

CORONATION  OATH  OF   HENRY  I. 

(STUBBS'  SELECT  CHARTERS,  99  ) 

In  the  name  of  Christ,  I  promise  these  three  things  to  the  Christian  people 
subject  to  me.  In  the  first  place,  that  I  will  require,  and  according  to  my 
strength,  provide,  that  the  church  of  God  and  the  whole  Christian  people  pre- 
serve a  true  peace,  by  our  will,  through  all  time;  secondly,  that  I  will  forbid  to 
men  of  every  rank,  violence  and  all  injustice;  thirdly,  that  in  all  judgments  I 
will  require  justice  and  mercy,  that  a  merciful  and  forgiving  God  may  grant 
His  mercy  unto  me  and  unto  you. 

b)  Charter. 

CHARTER  OF  HENRY  I. 

(STUBBS'  SELECT  CHARTERS,  10O) 

In  the  year  of  the  Incarnation  of  our  Lord,  1101,  Henry,  son  of  King 
William,  after  the  death  of  his  brother  William,  by  the  grace  of  God,  King  of 
the  English,  to  all  his  laithful  subjects,  greeting: 

1.     Know  ye,  that  by  the  mercy  of  God,  and  by  the  common  counsel  of  the 


barons  of  the  whole  kingdom  of  England,  I  have  been  crowned  king  of  the  same 
kingdom  ;  and  because  the  kingdom  has  been  oppressed  by  unjust  exactions,  I, 
from  regard  to  God,  and  from  the  love  which  I  bear  towards  you,  in  the  first 
place  make  the  holy  church  of  God  free,  so  that  I  will  neither  sell  nor  place  at 
ferm,  nor,  when  an  archbishop,  or  bishop,  or  abbot  dies,  will  I  take  anything 
from  the  domain  of  the  church,  or  from  its  vassals,  until  a  successor  is  installed. 
And  all  the  evil  customs  by  which  the  realm  of  England  is  unjustly  oppressed 
will  I  take  away,  which  evil  customs  I  set  down  here  in  part : 

2.  If  any  of  my  barons,  earls,  or  others  who  hold  of  me,  dies,  his  heir  shall 
not  relieve  his  land  as  he  did  in  the  time  of  my  brother,  but  shall  relieve  it  bj'  a 
just  and  legitimate  relief.     Likewise  also  the  vassals  of  my  barons  shall  relieve 
their  lands  from  their  lords  by  a  just  and  legitimate  relief. 

3.  And  if  any  of  my  barons,  or  other  of  my  vassals,  wishes  to  give  his 
daughter  in  marriage,  or  his  sister  or  niece  or  kinswoman,  he  must  speak  with 
me  about  it,  but  I  will  neither  take  anything  from  him  for  this  permission,  nor 
forbid  him  lo  give  her  in  marriage,  unless  he  should  wish  to  join  her  to  my 
enemy.    And  if  at  the  death  of  one  of  my  barons  or  other  vassal  of  mine,  a 
daughter  survives  as  heiress,  I  will  give  her  in  marriage  by  the  counsel  of  mv 
barons,  with  her  land.    But  if  the  wife  survives,  and  is  without  children,  she 
shall  have  her  dowry  and  right  of  marriage,  and  I  will  not  give  her  to  a  hus- 
band, unless  according  to  her  will. 

4.  And  if  a  wife  survives  with  children,  she  shall  have  her  dowry  and 
right  of  marriage,  so  long  as  she  shall  have  kept  her  body  chaste,  and  I  will 
not  give  her  in  marriage,  except  according  to  her  will.    And  the  guardian  of 
the  land  and  children,  shall  be  either  the  wife,  or  one  of  the  kinsmen,  as  shall 
seem  to  be  most  just.    And  I  command  that  my  barons  shall  deal  likewise  with 
the  sons  or  daughters  or  wives  of  their  vassals. 

5.  The  common  mintage  which  has  been  taken  in  the  cities  and  counties, 
and  yet  was  not  taken  in  the  time  of  King  Edward,  I  now  altogether  forbid 
henceforth  to  be  taken.    If  anyone  shall  be  seized,  whether  a  moneyeror  other, 
with  false  money,  strict  justice  shall  be  done  in  the  case. 

6.  All  fines  and  all  debts  which  were  due  to  my  brother,  I  remit,  except 
my  rightful  ferms,  and  except  those  pa\rments  which  had  been  agreed  upon  for 
the  inheritances  of  others,  or  for  those  things  which  most  justly  affected  others. 
And  if  anyone  for  his  own  inheritance  has  stipulated  anything,  I  remit  this, 
and  all  reliefs  which  have  been  agreed  upon  for  rightful  inheritances. 

7.  And  if  any  of  my  barons  or  vassals  is  ill,  however  he  gives  or  arranges 
to  give  his  personal  property,  I  grant  that  it  shall  be  so  given.    But  if  he,  pre- 
vented by  arms,  or  by  illness,  has  not  bestowed  his  personal  property,  or  ar- 
ranged to  bestow  it,  his  wife  or  children  or  parents,  and  his  legitimate  vas- 
sals, shall  divide  it  for  his  soul,  as  shall  seem  best  to  them. 

8.  If  any  of  my  barons  or  vassals  commits  an  offence  he  shall  not  give  secur- 
ity to  the  extent  of  forfeiting  his  personal  property,  as  he  did  in  the  time  of  my 
father,  and  of  my  brother,  but  according  to  the  measure  of  the  offence,  so  shall 
he  pay,  as  he  would  have  paid  before  the  time  of  my  father,  in  the  time  of  my 


other  predecessors;  so  that  if  he  be  convicted  of  treachery  or  of  crime,  he  shall 
pay  what  is  just. 

9.  All  murder  fines  moreover,  before  the  day  on  which  I  was  crowned  king, 
1  remit;  and  those  which  shall  be  due  henceforth,  shall  be  paid  justly,  according 
to  the  law  of  king  Edward. 

10.  The  forests,  as  my  father  held  them,  I  have  retained  in  my  own  hand, 
by  the  common  consent  of  my  barons. 

11.  To  those  knights  who  hold  their  land  by  knight  service,  I  grant,  of  my 
own  gift,  the  lands  oi  their  demesne  ploughs,  quit  of  all  payments  and  of  all 
labor,  so  that,  as  they  have  thus  been  favored  by  so  great  a  favor,  they  may 
readily  provide  themselves  with  horses  and  arms  for  my  service  and  for  the  de- 
fence of  my  kingdom. 

12.  A  firm  peace  in  my  whole  kingdom  I  establish,  and  require  henceforth 
to  be  kept. 

13.  The  law   of  king  Edward,  I  give  to  you  again,  with  those  changes 
which  my  father  made  with  the  counsel  of  his  barons. 

14.  If  anyone  has  taken  anything  from  my  possessions,  or  from  the  pos- 
sessions of  another,  since  the  death  of  king  William,  my  brother,  let  the  whole 
be  immediately  returned  unchanged,  and  if  anyone  shall  have  retained  anything 
thereof,  he,  upon  whom  it  is  found,  will  pay  heavily  to  me. 

Witness,  Maurice,  Bishop  of  London,  and  Gundulf,  bishop,  and  William, 
bishop-elect,  and  Earl  Henry,  and  Earl  Simon,  and  Walter  Giffard,  and  Robert 
de  Montfort,  and  Roger  Bigod,  and  Henry  de  Port,  at  London,  on  the  day  of 
my  coronation. 

SUMMARY. 

1.  Importance. 

a.  Evidence  of 

1)  Feudal  abuses,  cf.  1-4,  6-8,  11. 

2)  Continuity  of  Anglo-Saxon  customs— the  law  of  King  Edward, 
cf.  9,  13. 

b.  First  formal  limitation  of  royal  power. 

c.  Model  for  Magna  Charta. 

2.  Provisions ;  for  all  classes. 

a.  General  character;  ancient  customs,  but  ill-defined. 

b.  The  Church,  "shall  be  free,"  cf.  1. 

c.  The  Barons,  feudal  obligations  of  "just  and  legitimate"  amount,  cf. 

2-4,  5-8,  11. 

d.  Commons,  same  rights  from  barons,  cf.  2,  4. 

e.  Reservations  for  the  King,  Forests,  etc.,  cf.  9,  10. 

2)  Marriage. 

3)  Normandy  regained. 

4)  Policy. 

a)  The  local  courts  maintained. 

b)  Organization  of  the  Curia  Regis — John  of  Salisbury. 


c)   Attempts  to  settle  the  succession, 
c.   Stephen  1135-1154.    Feudal  anarchy. 

1)  Election  and  charter. 

2)  Civil  war;  causes  and  result. 

3)  Wallingford  1153. 
C.  RESULTS  OF  THE  CONQUEST. 

1.  General. 

a.  No  break  in  the  continuity  of  constitutional  development. 

b.  No  introduction  of  new  institutions  from  Normandy,  but 

c.  Old  institutions  operated  under  new  ideas. 

2.  Central  Government. 

a.  The  kingship;  alteration  in 

1)  Conception. 

2)  Limitation. 

b.  The  Witan  becomes  Magnum  Concilium. 

Anglo-Saxon  Chronicle,  1087  (Select  Charters,  81).  Thrice  he  wore  his 
crown  every  year,  as  often  as  he  was  in  England  ;  at  Easter  he  wore  it  at  Win- 
chester; at  Whitsuntide  at  Westminster;  at  Midwinter  at  Gloucester;  and 
there  were  with  him  all  the  rich  men  over  all  England,  archbishops  and  sunrag- 
an  bishops,  abbots  and  earls,  thegns  and  knights. 

1)  Composition;  theoretical  and  actual. 

2)  Powers;  theoretical  and  actual. 

c.  The  Curia  Regis. 

1)  Development. 

2)  Composition. 

3)  Functions. 

a)  Financial — Exchequer. 

b)  Judicial. 

4)  Relation  to  Magnum  Concilium. 

d.  Forest  Courts. 

3.  Local  government ;  but  little  alteration. 

a.  Shire  and  Hundred  courts. 

b.  Manorial  courts. 

c.  The  Parish. 

4.  Feudalism. 

a.  Confiscation  and  regrant  of  the  lands ;  all  titles  from  the  king. 

b.  Feudalism  as  a  system  of  land  tenure. 

c.  Feudalism  as  a  system  of  government. 

d.  William's  policy,  a  system  of  land  tenure, but  not  of  government; 
checks. 

1)  Scattered  holdings. 

2)  Retention  of  the  local  popular  courts. 

3)  Universal  allegiance,  Salisbury  Gemot. 

5.  The  Church. 

a.   Anglo-Saxon  conception  of  Church  and  State. 


15 

b.  Norman  conception  of  Church  and  State. 

c.  The  settlement ;  Lanfranc. 

1)  Norman  ecclesiastics. 

2)  Closer  union  with  Rome. 

3)  Separation  of  ecclesiastical  and  secular  government. 

a)  Convocations. 

b)  Separate  ecclesiastical  courts. 

4)  Canons  of  Royal  Supremacy. 

d.  The  struggle  over  investiture;  Anselm. 

1)  Relation  to  the  continental  strgggle. 

2)  The  disputed  points. 

3)  Rufus  and  Anselm. 

4)  Henry  and  Anselm;  the  compi-omtse. 

a)  Terms. 

b)  Result. 
D.  COLLATERAL  TOPICS. 

1.  The  Bayeux  Tapestry. 

2.  Effect  of  the  Conquest  on  language  and  literature. 

V.    THE  ANGEVINS  AND  THE  GREAT  CHARTER  (1154-1218 

A.  BIBLIOGRAPHY. 

1.  Original. 

ARCHER:  Crusade  of  Richard  I. 

BARNARD  :  Strongbow's  Conquest  of  Ireland. 

STUBBS  :  Select  Charters,  Parts  IV.  and  V. 

BENEDICT  OF  PETERBOROUGH:  Gesta  Henrici  et  Richardi  I. 

GER VASE  OF  CANTERBURY:  Chronica. 

RALPH  OF  DICETO  :  Ymagines  Hisoriarum. 

ROGER  OF  HOVEDEN  :  Chyronica. 

ROGER  OF  WENDOVER  :  Flores  Historiarum. 

WALTER  OF  COVENTRY  :  Memoriale. 

WILLIAM  OF  NEWBURY:  Historia  Rerum  Anglicarum. 

2.  Secondary. 

BOUTMY  :  Studies  in  Constitutional  Law,  pp.  27-30. 

CREASY:  English  Constitution,  Chaps.  X.  and  XI. 
History  of  England,  Chaps.  IX-XI. 

DIGBY:  History  of  the  Law  of  Real  Property,  Part  L,  Chap.  III.,  Sec- 
tion I. 

DOWELL:  History  of  Taxation  in  England,  Vol.  L,  Book  II.,   Chaps. 
III.,  V.-VIII. 

FEILDEN:  Constitutional   History  of  England,  pp.  15,  57-62,83-87, 
164,  175-189,  260-268,277-279. 

FORSYTH:  History  of  Trial  by  Jury,  Chaps.  I.,  V.  and  VI. 

FREEMAN:  Norman  Conquest,  Vol.  V.,  Chap.  XXVII. 


Essays,  First  Series,  St.  Thomas  of  Canterbury  and  his  Bi- 
ographers. 

FROUDE:  Short  Studies,  Vol.  III.,  Life  and  Times  of  Thomas  Becket. 

GIBBINS:  Industrial  History  of  England,  Period  II.,  Chap.  II. 

GNEIST:    Constitutional  History  of  England,  Vol.  L,  Chaps.  XVII.  and 
XVIII. 

GREEN:     History  of  the  English  People,  Vol.  I.,  Book  II.,  Chap.  IV.; 

Book  III.,  Chap.  I. 
Henry  II.,  esp.  Chaps.  IV.-VII. 

GROSS:    The  Gild  Merchant. 

HUNT:    English  Church  in  the  Middle  Ages,  pp.  112-145. 

LINGARD:    History  of  England,  Vol.  II.,  Chaps.  III.-V. 

LYTTELTON:    Henry  II. 

MILMAN:    Latin  Christianity,    Book  VIII,,   Chap.   VIII. ;    Book  IX., 
Chap.  V. 

OMAN:    Constitutional  Essays,  Anglo-Norman  and  Angevin  Adminis- 
trative System. 

PEARSON  :    History  of  England,  Vol.  L,  Chaps.  XXIX.-XXXHI. 

PERRY:    English  Church  History,  Vol.  L,  Chaps.  XV.,  XVI.,  XVII., 
Sees.  1-7. 

PIKE:    History  of  Crime  in  England,  Vol.  I, pp.  115-136. 

POLLOCK  and  MAITLAND:  History  of  the  English  Law,  Vol.  I.,  Chap.  V. 

RANKE:  History  of  England,  Vol.  I.,  Book  I.,  Chap.  III. 

REEVE:  History  of  the  English  Law,  Vol.  L,  Chaps.  III.  and  IV. 

STUBBS:  Constitutional  History  of  England,  Vol.  L,  Chaps.  XII.  and 
XIII.,  esp.  Sections  135-41,   147,   152-60,   163-5,   167. 
Benedictus,  Gesta  Henrici  II.  et  Ricardi  L,  Preface. 
Select  Charters,  pp.  21-31. 

TASWELL-LANGMEAD  :  Constitutional  History  of  England,  pp.  93-153, 
161-162,  164-182,  209-213. 

TAYLOR:  Origin  and  Growth  of  the  English  Constitution,  Book  II., 
Chaps.  III.,  IV.,  Sections  1-6. 

THOMSON:  Essay  on  Magna  Charta,  pp.  1-48,  159-328. 

B.  NARRATIVE,  HENRY  II. 

1.  Early  life  and  character;  accession  and  charter. 

2.  Restoration  of  order ;  methods  and  measures. 

3.  Policy,  to  concentrate  all  power  in  the  hands  of  the  king. 

a.   Opponents,  Church  and  Baronage. 
1)   Quarrel  with  the  Church. 

a)  Relation  to  the  Investiture  struggle. 

b)  Becket;  previous  life,  character  and  relations  with  Henry. 

c)  Questions  at  issue. 

(1)    Attempts  at  agreement. 

c)   The  Constitutions  of  Clarendon. 


-IT- 


CONSTITUTION  OF  CLARENDON,  1  164- 
(STUBBS'  SELECT  CHARTERS,  135-140) 

In  the  year  of  our  Lord's  Incarnation,  1164,  and  in  the  fourth  \'earof  Pope 
Alexander,  and  in  the  tenth  year  of  Henry  II,  the  illustrious  King  of  the  Eng- 
lish, in  the  presence  of  the  said  king,  was  made  this  recognition,  or  declaration, 
of  a  part  of  the  customs  and  liberties  and  dignities  of  his  ancestors  viz.  King 
Henry,  his  grandfather  and  others,  which  things  ought  to  be  observed  and 
maintained  in  the  realm.  And  on  account  of  the  discussions  and  discords 
which  have  arisen  between  the  clergy,  and  the  justices  of  the  lord  king,  and  the 
barons  of  the  kingdom,  concerning  the  customs  and  dignities,  this  declaration 
was  made  in  the  presence  of  the  archbishops,  and  bishops,  and  clergy ,  and  earls, 
and  barons,  and  magnates,  of  the  realm.  And  these  customs,  declared  by  the 
men  of  abilit\r  and  age  of  the  kingdom,  have  been  acknowledged  by  Thomas, 
Archbishop  of  Canterbury,  and  Roger,  Archbishop  of  York,  and  Gilbert,  Bishop 
of  London,  and  Henry,  Bishop  of  Winchester,  and  Nigel,  Bishop  of  Ely,  and 
William,  Bishop  of  Norwich,  and  Robert,  Bishop  of  Lincoln,  and  Hilary,  Bis- 
hop of  Chichester,  and  Jocelyn,  Bishop  of  Salisbury,  and  Richard,  Bishop  of 
Chester,  and  Bartholomew,  Bishop  of  Exter,  and  Robert,  Bishop  of  Hereford, 
and  David,  Bishop  of  Man,  and  Roger,  Bishop-elect  of  Worcester;  and  on  the 
Word  of  Truth  they  did  orally  firmly  promise,  to  the  lord  king  and  to  his  heirs, 
should  be  held  and  observed  in  good  faith  and  without  any  evil  intent;  in  the 
presence  of  the  following:  Robert,  Earl  of  Leicester,  Reginald,  Earl  of  Corn- 
wall, Conan,  Earl  of  Brittany,  John,  Earl  of  Eu,  Roger,  Earl  of  Clare,  Earl 
Geoffrey  de  Mandeville,  Hugh,  Earl  of  Chester,  William,  Earl  of  Arundel,  Earl 
Patrick,  William,  Earl  of  Ferrars,  Richard  de  Lucy,  Reginald  de  St.  Valery, 
Roger  Bigod,  Reginald  de  Warrene,  Richer  de  Aquila,  William  de  Braiose,  Rich- 
ard de  Camville,  Nigel  de  Mowbray,  Simon  de  Beauchamp,  Humphrey  de 
Bohun,  Matthew  de  Hereford,  Walter  de  Medway,  Manasses  Biseth,  steward, 
William  Malet,  William  de  Courcy,  Robert  de  Dunstanville,  Jocelyn  de  Balliol, 
WTilliam  de  Lanvale,  William  de  Cheyney,  Geoffrey  de  Vere,  William  de  Hast- 
ings, Hugh  de  Moreville,  Alan  de  Neville,  Simon  Fitz-Peter,  William  Malduit, 
chamberlain,  John  Malduit,  John  Marshall,  Peter  de  Mare,  and  many  others 
of  the  magnates  and  nobles  of  the  realm,  both  clergy  and  laity. 

A  certain  part  of  the  acknowledged  customs  and  dignities  of  the  realm  is 
contained  in  the  present  document;  of  this  part  the  heads  are  as  follows : 

1.  If  any  controversy  arises  concerning  the  advowson  and  presentation  of 
churches,  between  laymen,  or  between  laymen  and  clerks,  or  between  clerks,  it 
shall  be  tried  and  concluded  in  the  court  of  the  lord  king. 

2.  Churches  on  the  king's  demesne  cannot  be  granted  in  perpetuity,  with- 
out his  assent  and  grant. 

3.  Clerks  charged  and  accused  of  anything,  when  summoned  by  the  king's 
justiciar,  shall  come   into  his  court  to  answer  for  what  it  shall  seem  to  the 

court  of  the  king  should  be  answered  there ;  and  in  the  ecclesiastical  court 
for  what  it  shall  seem  should  be  answered  there;  so  nevertheless,  that  the 


justice  of  the  king  shall  send  into  the  court  of  Holy  Church  to  see  how  the  mat- 
ter shall  be  tried  there.  And  if  a  clerk  shall  be  convicted,  or  shall  confess,  the 
church  ought  no  longer  to  shield  him. 

4.  Archbishops,  bishops,  and  beneficed  clerks  may  not  leave  the  realm 
without  the  licence  of  the  lord  king.    And  if  they  go  out,  if  it  please  the  lord 
king,  they  shall  give  security,  that  neither  in  going,  nor  in  making  a  stay,  nor 
in  returning,  will  they  procure  evil  or  loss  to  the  king  or  kingdom. 

5.  Excommunicate  persons  ought  not  to  give  permanent  security  norto 
take  an  oath,  but  only  security  and  pledge  to  abide  the  judgment  of  the  church, 
in  order  that  they  may  be  absolved. 

6.  Laymen  ought  not  to  be  accused  except  by  competent  and  legal  accusers 
and  witnesses,  in  the  presence  of  the  bishop,  so  nevertheless  that  the  archdeacon 
shall  not  lose  his  right,  nor  anything  which  he  ought  to  have  therein.  And  if  those 
accused  are  such  that  no  one  dares  to  appear  against  them,  let  the  sheriff,  when 
required  by  the  bishop,  cause  twelve  legal  men  of  the  neighborhood  or  of  the 
township,  to  take  an  oath  in  the  presence  of  the  bishop,  that  they  will  show 
the  truth  about  it,  according  to  their  conscience. 

7.  No  one  who  holds  of  the  king  in  chief,  nor  an3'  of  his  demesne  officers 
shall  be  excommunicated,  nor  shall  the  lands  of  any  of  them  be  put  under  inter- 
dict, unless  the  lord  king  agrees,  if  he  is  in  the  country,  or  his  justiciar,  if  he  is 
out  of  the  country;  and  so  that  what  pertains  to  the  king's  court  shall  be  set- 
tled there,  and  what  belongs  to  the  ecclesiastical  shall  be  sent  there  to  be  tried. 

8.  Appeals,  if  they  shall  occur,  ought  to  proceed  from  the  arch  deacon  to 
the  bishop,  from  the  bishop  to  the  arch  bishop.      And  if  the  arch  bishop  shall 
fail  to  show  justice,  it  must  come  to  the  lord  king  finally,  that  by  hiscommand 
the  controversy  may  be  terminated  in  the  court  of  the  arch  bishop,  so  that  it 
may  not  proceed  farther  without  the  consent  of  the  lord  king. 

9.  And  if  an  action  arises  between  a  clerk  and  a  layman,  concerning  any 
holding  which  the  clerk  wishes  to  bring  into  charitable  tenure,but  the  layman  in  to 
alay  fief,  it  shall  be  settled  in  the  view  of  the  chief  justiciar  of  the  king,  on  the  re- 
cognition of  twelve  legal  men,  whether  the  holding  belongs  to  charitable  tenure 
or  to  a  lay  fief,  in  the  presence  of  that  justiciar  of  the  king.    And  if  the  recogni- 
tion shall  decide  that  it  belongs  to  charitable  tenure,  the  siiit  will  be  in  the 
ecclesiastical  court,  but  if  to  a  lay  fief,  unless  both  are  answerable  to  the  same 
bishop  or  baron,  the  suit  will  be  in  the  king's  court.      But  if  both  are  answer- 
able for  that  fief  to  the  same  bishop  or  baron,  the  suit  will  be  in  his  court,  pro- 
vided that  the  one  formerly  in  possession  shall  not  lose  his  possession  on  ac- 
count of  the  recognition  which  has  been  made,  until  the  suit  is  terminated. 

10.  And  if  anyone  of  a  city  or  castle,  or    borough  or  demesne  manor  of 
the  lord  king,  has  been  summoned  by  the  archdeacon  or  the  bishop  for  any 
offense  for  which  he  ought  to  answer  to  them,  and  is  unwilling  to  answer  their 
summons,  it  is  fully  lawful  to  put  him  under  interdict,  but  he  ought  not  to  be 
excommunicated  until  the  chief  officer  of  the  king  for  that  place  agrees,  in 
order  that  he  majr  compel  him  to  make  answer.       And  if  the  officer  of  the  king 
is  negligent  in  this  matter,  he  shall  be  at  the  mercy  of  the  lord  king,  and  after- 


wards  the  bishop  shall  be  allowed  to  coerce  the  accused  man  by  ecclesiastical 
law. 

11.  Archbishops,  bishops,  and  beneficed  clerks,  who  hold  of  the  king,  have 
their  possessions  from  the  lord  king  as  a  barony,  and  are  responsible  for  them 
to  the  justices  and  officers  of  the  king,  and  follow  and  perform  all  royal  rights 
and  customs;  and,  just  as  the  rest  of  the  barons,  ought  to  be  present  at  the 
judgments  of  the  courts  of  the  lord  king  with  the  barons,  at  least  until  the 
judgment  reaches  to  loss  of  limb  or  to  death. 

12.  When  an  archbishopric,  or  bishopric,  or  abbacy,  or  priory, on  the  de- 
mesne of  the  king  becomes  vncant,  it  ought  to  be  in  his  hands,  and  he  shall 
take  thence  all  its  revenues  and  profits,  just  as  on  his  demesnes.  And  when  counsel 
is  taken  for  the  church,  the  lord  king  ought  to  summon  the  more  influential  of  the 
beneficed  clergy ;  and  the  election  ought  to  be  held  in  the  chapel  of  the  lord 
king,  with  the  assent  of  the  lord  king,  and  with  the  agreement  of  the  beneficed 
clergy  whom  he  has  called  for  this  purpose.     And  the  one  elected  shall  there  do 
homage  and  fealty  to  the  lord  king  as  his  liege  lord,  in  his  life  and  limbs  and 
his  earthly  honor,  saving  his  order,  before  he  shall  be  consecrated. 

13.  If  anyone  of  the  magnates  of  the  realm  has  prevented  archbishop, 
bishop  or  archdeacon  fr<~»m  exercising  justice  upon  himself  or  his,  the  lord  king 
ought  to  bring  him  to  justice.      And  if  by  chance  anyone  has  deprived  the  lord 
king  of  his  right,  the  archbishops,  and  bishops,  and  archdeacons,  ought  to  bring 
him  to  justice,  in  order  that  he  may  give  satisfaction  to  the  lord  king. 

14.  The  chattels  of  those  who  are  in  forfeiture  to  the  king,  no  church  nor 
church-yard  ought  to  detain,  against  the  justice  of  the  king,  because  they  are 
the  king's,  \vhether  they  have  been  found  within  the  churches  or  without. 

15.  Suits  about  debts,  whether  owed  through  the  medium  of  a  bond  or 
without  a  bond,  should  be  in  the  jurisdiction  of  the  king. 

16.  Sons  of  villans  ought  not  to  be  ordained  without  the  assent  of  the 
lord  upon  whose  land  they  are  known  to  have  been  born.  The  acknowlegment 
of  the  aforesaid  royal  customs  and  dignities  has  been  made  by  the  aforesaid 
archbishops,  and  bishops,  and  earls,  and  barons,  and  the  men  of  nobility  and 
age  of  the  realm,  at  Clarendon,  on  the  fourth  day  before  the  Purification  of  the 
Blessed  Mary,  Perpetual  Virgin,  Lord  Henry,  being  present,  with  his  father,  the 
lord  king.      There  are  however,  many  other  great  and  important  customs 
and  dignities  of  the  Holy  Mother  Church,  and  of  the  lord  king,  and  of  the  bar- 
ons of  the  realm,  which   are  not  contained  in  the  document.    These  are  pre- 
served to  Holy  Church,  and  to  the  lord  king  and  his  heirs,  and  to  the  barons  of 
the  realm,  and  shall  be  observed  inviolably  forever. 

SUMMARY. 

1.  Constitutions  purport  to  be  customs  of  Henry  I.,  but 

a.  Some  are  older,  cf.  7  and  8. 

b.  Some  are  in  whole  or  in  part  new,  cf.  1  and  3. 

2.  Original  question  was  the  trial  of  criminous  clerks,  but  Constitutions 

a.  Regulate  the  relations  of  the  English  Church  and  the  Papacy,  cf.  4- 
and  8 ; 


b.  Define  the  relations  between  the  ecclesiastical  and  royal  courts,  as- 

serting supremacy  of  the  royal  courts,  cf.  3, 6,  8, 9,  and  13 ; 

c.  Assert  the  supremacy  of  King  over  the  Church,  cf.  5,  7,  and  10. 

3.  Becket  objected  to  1,  3,  4,  7,  8,  9,  12,  15. 

4.  Constitutions  repealed  after  death  of  Becket;  partial  victory  for  each. 

a.  King  won  principle  asserted  in  1,  9,  and  15,  /.  e.,  that  suits  about 

ecclesiastical  property  and  civil  pleas  shall  be  tried  in  the 
ro3ral  courts. 

b.  Church  won  against  principle  asserted  in  3,  4,  and  8,  /.  e.,  accused 

clerks  shall  be  tried  in  ecclesiastical  courts   (benefit  of 
clergy),  and  appeals  to  Rome  are  allowed. 

5.  First  mention  of  jury,  shows  common  use. 

f)   Death  of  Becket;  result. 

2)  Struggle  with  the  barons. 

a)  Military  power  diminished  by  Scutage  and  Assize  of  Arms. 

b)  Judicial  power  diminished  by  confining  them  to  the  terms  of 

their  franchises. 

3)  Conquest  of  Ireland. 

a)  Bull  of  Hadrian  IV. 

b)  Strongbow. 

c)  Extent  of  conquest  and  result. 

4)  Domestic  troubles ;  last  years. 
C.  CONSTITUTIONAL  DEVELOPMENT,  HENRY  II. 

1.  The  central  government,  cf.  Normans, 
a.  The  Great  Council. 

1)  Composition. 

a)  Theoretical  and  actual. 

b)  Practice  of  summons ;  first  extant  individual  summons  to  a 

Great  Council,  1205. 

(Although  this  writ  is  of  later  date  the  practice  of  special  summons  was 
common  in  the  time  of  Henry  II.) 

Stubbs'  Select  Charters,  282-3:  The  King  to  the  Bishop  of  Salisbury. 
We  summon  you  to  be  in  our  presence,  at  London,  on  the  Sunday  next  before 
the  Ascension  of  our  Lord,  requesting  that  you  lay  aside  every  occasion  and 
pretext  for  delay,  as  you  value  us  and  our  honor,  to  consider  with  us  our  great 
and  arduous  business  and  the  common  welfare  of  our  realm,  since  it  is  exped- 
ient to  have  your  counsel  and  that  of  other  magnates  of  our  land,  whom  we 
have  caused  to  be  summoned  for  that  time  and  place,  concerning  those  things 
which  have  been  laid  before  us  by  the  King  of  France,  through  his  messengers 
and  ours,  from  which  we  hope  by  the  grace  of  God  to  attain  success.  Also  do 
you  cause  to  be  cited,  on  our  part  and  on  yours,  the  abbots  and  priors  of  your 
entire  diocese,  to  be  present  with  us  in  the  aforesaid  council,  as  they  value  us 
and  the  common  welfare  of  our  realm. 

c)  Possible  traces  of  representation. 

2)  Powers. 


Benedict  of  Peterborough,  I.,  160  (Select  Charters,  131),  1177:  Almost  all 
of  the  earls,  barons,  and  knights  of  the  kingdom  came  to  him  there,  equipped 
with  horses  and  arms,  to  go  where  the  king  ordered.  After  discussing  for  a 
long  time  about  the  peace  and  stability  of  the  kingdom,  by  the  advice  of  his 
bishops,  earls  and  barons,  he  removed  the  custodians  of  the  castles  of  England, 
and  restored  them  to  the  custody  of  knights  who  were  of  his  own  household, 
b.  Judicial  development. 

1)  Curia  Regis. 

a)  Exchequer;  Dialogue  of  the  Exchequer. 

b)  King's  Bench. 

c)  Itinerant  Justices. 

2)  Local  courts  connected  with  the  central  courts. 

3)  Assize  of  Clarendon. 

THE  ASSIZE  OF  CLARENDON,  1  1  66 

(STUBBS'  SELECT  CHARTERS,  140-146) 

Here  begins  the  Assize  of  Clarendon,  made  by  King  Henry  II  with  the  as- 
sent of  the  archbishops,  bishops,  abbots,  earls  and  barons  of  all  England. 

1.  In  the  first  place,  the  aforsaid  King  Henry,  with  the  consent  of  all  his 
barons,  for  the  preservation  of  the  peace  and  the  maintenance  of  justice,  has 
enacted  that  inquiry  should  be  made  through  each  county  and  each  hundred,  by 
twelve  of  the  more  legal  men  of  the  hundred,  and  by  four  of  the  more  legal  men 
of  each  township,  upon  their  oath  that  they  will  tell  the  truth,  whether  there 
is  in  their  hundred  or  in  their  township  anyone  who  has  been  accused  or  is 
publicly  notorious  as  a  robber,  or  murderer,  or  thief,  or  harborer  of  robbers, 
murderers  or  thieves,  since  the  lord  king  has  been  king.    And  let  the  justices 
make  this  inquiry  by  themselves,  and  the  sheriffs  by  themselves. 

2.  And  let  anyone  who  has  been  found  by  the  oath  of  the  aforesaid ,  to  have 
been  accused  or  to  be  notorious  as  a  robber,  or  murderer,  or  thief,  or  harborer 
of  them,  since  the  lord  king  has  been  king,  be  arrested  and  go  to  the  ordeal  of 
water,  and  let  him  swear  that  he  has  not  been  a  robber,  or  murderer,  or  thief, 
or  harborer  of  them,  to  the  value  of  five  shillings,  so  far  as  he  knows,  since 
the  lord  king  has  been  king. 

3.  And  if  the  lord  of  the  man  who  has  been  arrested,  or  his  steward,  or  his 
men  shall  have  claimed  him  by  a  pledge  within  the  third  day  after  he  has  been 
seized,  let  him  be  given  up  and  his  chattels,  until  he  himself  make  his  law. 

4.  And  when  a  robber,  or  murderer,   or  thief,  or  harborer  of  them  shall 
have  been  seized,  through  the  above  mentioned  oath,  if  the  justices  are  not  to 
come  very  soon  into  that  county  where  the}-  have  been  arrested,  let  the  sheriffs 
send  word  to  the  nearest  justice  by  some  intelligent  man,  that  they  have  arrest- 
ed such  men,  and  the  justices  will  send  back  word  to  the  sheriffs  where  these 
are  to  be  brought  before  them ;  and  the  sheriffs  shall  bring  them  before  the  jus- 
tices ;  and  along  with  these  they  shall  bring  from  the  hundred  or  township 
where  they  have  been  arrested,  two  legal  men  to  carry  the  record  of'thecounty 
or  of  the  hundred,  as  to  why  they  were  seized,  and  there  before  the  justices  let 
them  make  their  law. 


5.  And  in  the  case  of  those  who  have  been  arrested  through  the  aforesaid 
oath  of  this  assize,  no  one  shall  have  court,  or  jurisdiction,  or  chattels,  except 
the  lord  king  in  his  court  before  his  justices,  and  the  lord  king  shall  have  all 
their  chattels. 

6.  In  the  case  of  those,  however,  who  have  been  arrested,  otherwise  than 
through  this  oath,  let  it  be  as  has  been  customary  and  ought  to  be,  and  the 
sheriffs  who  have  arrested  them,  shall  bring  them  before  the  justice  without 
any  other  summons  from  him.   And  when,  robbers,  or  murderers,  or  thieves,  or 
harborers  of  them,  who  have  been  arrested  through  the  oath  or  otherwise, 
are  handed  over  to  the  sheriffs,  they  also  must  receive  them  immediately  and 
without  delay. 

7.  And  in  the  several  counties  where  there  are  no  jails,  let  such  be  made  in 
a  borough,  or  in  some  castle  of  the  king,  from  the  money  of  the  king  and  from 
his  forest,  if  one  shall  be  near,  or  from  some  other  neighboring  forest,  by  the 
view  of  the  officers  of  the  king;  so  that  in  them  the  sheriffs  may  be  able  to  de- 
tain those  who  have  been  seized  by  the  officers  who  are  accustomed  to  do  this, 
or  by  their  servants. 

8.  And  the  lord  king,  moreover,  wills  that  all  shall  come  to  the  county 
court  to  take  this  oath,  so  that  no  one  shall  refrain  from  coming  to  take  the 
oath  because  of  any  franchise  which  he  holds,  or  court,  or  jurisdiction  which 
he  had. 

9.  And  no  one  within  a  castle,  or  even  in  the  honor  of  Wallingford,  may 
forbid  the  sheriffs  to  enter  into  his  court  or  his  land  for  the  view  of  frank  pledge 
and  to  see  that  all  men  are  under  pledge ;  and  let  them  be  sent  before  the  sheriffs 
tinder  frank  pledge. 

10.  And  in  cities  and  boroughs,  let  no  one  have  men  or  receive  them  in  his 
house,  or  in  his  land,  or  in  his  soc,whom  he  does  not  undertake  to]  produce  before 
the  justices  if  they  shall  be  required,  or  else  let  them  be  under  frank  pledge. 

11.  And  let  there  be  none  in  a  city  or  borough,  or  in  a  castle  or  without, 
or  even  in  the  honor  of  Wallingford,  who  shall  forbid  the  sheriffs  to  enter  into 
his  land  or  his  jusisdiction  to  arrest  those  who  have  been  charged  or  are  notor- 
ious as  robbers  or  murderers  or  thieves  or  harborers  of  them,  or  outlaws  or 
persons  charged  concerning  the  forest ;  but  the  king  commands  that  they  shall 
aid  them  in  arresting  such. 

12.  And  if  anyone  is  arrested  who  has  in  his  possession  the  booty  of  rob- 
bery or  theft,  if  he  is  of  bad  reputation  and  has  an  evil  testimony  from  the  pub- 
lic, and  cannot  vouch  to  warranty,  let  him  not  make  his  law.      And  if  he  shall 
not  have  been  notorious,  on  account  of  the  boot\r  which  he  has,  let  him  go  to 
the  water  (ordeal). 

13.  And  if  anyone  shall  have  acknowledged  robbery  or  murder  or  theft  or 
the  harboring  of  such  criminals,  in  the  presence  of  legal  men  of  the  hundreds, 
and  afterwards  shall  wish  to  deny  it,  he  shall  not  make  his  law. 

14.  The  lord  king  wills,  moreover,  that  those  who  make  their  law,  and 
shall  be  cleared  by  the  law,  if  they  are  of  very  bad  repute,  and  are  publicly  and 
disgracefully  held  as  infamous  by  the  testimony  of  many  and  legal  men,  they 


shall  abjure  the  lands  of  the  king,  so  that  within  eight  days  they  shall  cross 
the  sea,  unless  the  wind  detains  them ;  and  with  the  first  wind  which  they  shall 
have  afterwards,  they  shall  cross  the  sea ;  and  they  shall  not  come  back  again 
into  England,  except  by  the  permission  of  the  lord  king;  and  there  let  them  be 
outlawed,  and  if  they  return  they  shall  be  seized  as  outlaws. 

15.  And  the  lord  king  forbids  any  vagabond,  that  is  a  wandering  or  an 
unknown  man,  to  be  sheltered  anywhere,  except  in  a  borough,  and  even  there 
he  shall  be  sheltered  only  one  night,  unless  he  or  his  horse  shall  be  sick,  so  that 
he  is  able  to  show  an  evident  excuse. 

16.  And  if  he  shall  have  been  there  more  than  one  night,  let  him  be  arrested 
and  held  until  his  lord  shall  come  to  give  security  for  him,  or  until  he  himself 
shall  have  secured  pledges ;  and  let  him  who  has  sheltered  him  likewise  be  ar- 
rested. 

17.  And  if  any  sheriff  shall  have  sent  word  to  any  other  sheriff  that  men 
have  fled  from  his  county,  on  account  of  robberj^  or  murder,  or  theft,  or  the 
harboring  of  such  criminals,  or  outlawry,  or  a  charge  concerning  the  forest  of 
the  king,  let  him  arrest  them.     And  also,  if  he  knows,  himself  or  by  others,  that 
such  men  have  fled  into  his  county,  let  him  arrest  them  and  hold  them  until  he 
shall  have  secured  pledges  from  them. 

18.  And  let  all  sheriffs  cause  a  list  to  be  madeof  all  fugitives  who  have  fled 
from  their  counties ;  and  let  them  do  this  in  their  county  courts,  and  they  shall 
carry  the  written  names  of  these,  before  the  justices  as  soon  as  they  come  to 
them,  so  that  they  may  be  sought  through  all  England,  and  their  chatties  may 
be  seized  for  the  use  of  the  king. 

19.  And  the  lord  king  wills,  that  as  soon  as  the  sheriffs  have  received  the 
summons  of  the  justices  in  eyre,  to  appear  before  them,  with  their  county  courts, 
they  shall  gather  together  their  county  courts,  and  make  inquiry  for  all  who 
have  recently  come  into  their  counties,  since  the  assize ;   and  that  they  shall 
send  them  away  under  pledge  to  be  before  the  justices,  or  else  keep  them  in  cus- 
tody until  the  justices  come  to  them,  and  then  produce  them  before  the  justices. 

20.  The  lord  king,  moreover,  forbids  monks,  and  canons,  and  all  religious 
houses,  from  receiving  any  one  of  the  common  people,  as  a  monk,  or  canon,  or 
brother,  until  his  reputation  is  known,  unless  he  shall  be  sick  unto  death. 

21.  The  lord  king,  moreover,  forbids  anyone  in  all  England  to  receive  in  his 
land,  or  in  his  jurisdiction,  or  in  a  house  under  him,  anyone  of  the  sect  of  those 
renegades  who  have  been  excommunicated  and  bi'anded  at  Oxford.     And  if  any- 
one shall  have  received  them,  he  shall  be  at  the  mercy  of  the  lord  king,  and  the 
house  in  -which  the_v  have  been,   shall  be  carried  outside  of  the  village  and 
burned.     And  each  sheriff  shall  take  an  oath  to  maintain  this,  atid  shall  cause 
all  his  officers  to  take  this  oath,  and  the  stewards  of  the  barons,  and  all  knights 
and  freeholders  of  the  counties. 

22.  And  the  lord  king  wills  that  this  assize  shall  be  maintained  so  long  as 
it  shall  please  him. 

4)    The  jury,  presentment  and  trial. 

a)    Development  to  time  of  Henry  II. 


b)  Use  by  Henry  II. 

c)  Contrast  with  present  form. 

d)  Advantages  of  the  system. 

Extracts  from  Glanvill,  De  Legibus  Angliac,  Liber  II. ,  Chap.  7  (Select 
Charters,  160-164):  Moreover,  there  is  the  great  assize,  a  kind  of  royal  favor, 
given  to  the  people  by  the  clemency  of  the  prince,  with  the  advice  of  the  nobles; 
by  which  such  favorable  arrangements  are  made  for  the  lives  of  men  and  for  the 
integrity  of  the  state,  that  what  one  possesses  lawfully  in  freehold  he  can 
retain  while  declining  the  doubtful  outcome  of  the  duel.  And  by  this  means  he 
can  escape  the  extreme  penalty  of  a  sudden  and  premature  death,  or  the  dis- 
grace of  the  everlasting  infamy  of  that  outrageous  and  shameless  word  which 
sounds  so  basely  in  the  mouth  of  the  conquered.  Moreover  that  legal  in- 
stitution has  proceeded  from  the  highest  justice,  for  the  sentence  which,  after 
many  and  long  delays,  is  with  difficulty  declared  by  the  duel,  by  the  benefit  of 
this  institution,  is  set  forth  fitly  and  speedily.  For  the  assize  does  not  allow 
as  many  essoins  (postponements)  as  the  duel.  Thus  both  labor  and  expense 
are  spared.  In  proportion  as  there  is  greater  confidence  in  the  decision  of 
several  individual  witnesses  over  only  one,  by  so  much  does  this  institution 
display  greater  justice  than  the  duel.  For  the  duel  proceeds  upon  the  testimony 
of  but  one  who  makes  oath,  while  this  institution  requires  the  oath  of  at  least 
twelve  legal  men. 

c.   Royal  revenue. 

1)  Review  to  this  period. 

2)  Scutage. 

a)  Origin. 

b)  Method  of  collection,  constitutional  importance. 

3)  Assize  of  Arms. 

a)  Object. 

b)  Method  of  enforcement. 

ASSIZE  OF  ARMS,  1181 
(SELECT  CHARTERS,  153-156) 

1.  Whoever  has  a  knight's  fee  vshall  have  a  coat  of  mail  and  helmet,  shield 
and  lance ;  and  every  knight  shall  have  as  many  coats  of  mail  and  helmets, 
shields  and  lances  as  he  has  knight's  fees  in  his  domain. 

2.  Each  free  layman  having  chattels  or  income  to  the  value  of  sixteen 
marks  (about  £10)  shall  have  a  coat  of  mail  and  helmet,  shield  and  lance;  each 
free  layman  having  chattels  or  income  to  the  value  often  marks  shall  have  a 
hauberk,  head  piece  of  iron  and  a  lance. 

3.  Likewise  all  burghers  (inhabitants  of  walled  towns)  and  every  member 
of  a  community  of  freemen  shall  have  a  doubtlet  of  mail,  head  piece  of  iron  and 
lance.        *        *        * 

9.  Likewise  the  Justices  shall  make  inquiry  upon  oath  of  legal  knights  or 
other  free  and  legal  men  from  the  hundreds  and  boroughs,  as  many  as  they 
deem  necessary,  to  ascertain  who  have  the  value  of  chattels  requiring  a  coat 


of  mail,  helmet,  lance  and  shield,  as  aforesaid;  besides  which  they  shall  separ- 
ately name  to  them  all  from  their  hundreds,  vicinages  and  boroughs,  who 
have  sixteen  marks  in  chattels  or  income;  likewise,  also,  those  who  have  ten 
marks. 

10.  Also,  no  one  shall  take  oath  as  a  legal  and  free  man  who  has  not  six 
teen  or  ten  marks  in  chattels.  The  king  also  orders  that  no- 

one  shall  be  received  to  the  oath  of  arms  except  free  men. 
4)   Saladin's  Tithe. 

a)  Object  and  importance. 

b)  Method  of  collection. 

ORDINANCE  OF  THE  SALADIN  TITHE,   1  188 

(SELECT  CHARTERS,  159-60) 

1.  Each  shall  give  a  tenth  of  his  income  and  moveables  this  year,  except- 
ing arms,  horses  and  clothing  of  knights  ;  excepting,  also,  horses,  books,  cloth- 
ing, vestments  and  every  kind   of  ecclesiastical  paraphernalia  and  precious 
stones  belonging  to  the  clergy  and  laity. 

2.  This  money  shall  be  collected  in  each  parish.         *        *  Excom- 
munication shall  be  visited  upon  anyone  who  does  not  give  the  duly  assessed 
tenth.     And  if  anyone,  in  their  judgment,  shall  have  given  less  than  he  ought, 
let  them  select  from  the  parish  four  or  six  lawful  men,  who,  upon  oath,  shall 
declare  that  amount  which  he  ought  to  have  reported ;  and  then  there  shall  be 
added  whatever  is  lacking. 

D.  NARRATIVE,  RICHARD  I.  (1189-1199). 

1.  The  third  crusade. 

2.  The  regency ;  John's  attempts  to  gain  power. 

E.  CONSTITUTIONAL  DEVELOPMENT,  RICHARD  I. 

1.  Taxation. 

a)  Object. 

b)  Method  of  assessment. 

Roger  of  Hoveden,  Chronicles,  IV.,  46  (Select  Charters,  256-7): 
That  same  year,  Richard,  King  of  England,  took  from  every  carucate  or 
hide  of  land  in  all  England,  five  shillings  as  an  aid,  for  collecting  which,  thesaid 
king  sent  through  each  county  of  England,  one  clerk  and  one  knight, who,  with 
the  sheriff  of  the  county  ^o  which  they  were  sent,  and  with  legal  knights  who 
were  elected  for  this  purpose  and  had  taken  an  oath  to  carry  out  faithfully  the 
business  of  the  king,  caused  to  come  into  their  presence  the  stewards  of  the 
barons  of  that  count}',  and  from  every  township  either  the  lord  or  the  bailiffof 
the  township,  and  the  reeve,  with  four  legal  men  of  the  township,  either  free 
orvillans;  and  two  legal  knights  from  the  hundred ;  to  swear  that  faithfully 
and  without  deceit  they  would  declare  how  many  carucates  there  were  in  each 
township,  /.  e.,  how  many  in  demesne,  how  many  in  villanage,  how  many  in 
charitable  tenure  occupied  by  religious  men. 

2.  Thelterofll94-. 


-20- 


FORM  OF  PROCEDURE  IN  PLEAS  OF  THE  CROWN 

(SELECT  CHARTERS,  258-263) 

First,  there  are  chosen  four  knights  from  the  whole  county,  who,  under 
oath,  choose  two  legal  knights  from  each  hundred  or  wapentake;  and  these 
two  choose,  under  oath,  ten  knights  from  each  hundred,  or,  if  knights  are  lack- 
ing, legal  and  free  men,  that  these  twelve  men  may  respond  together  on  all  the 
articles  in  behalf  of  the  whole  hundred  or  wapentake. 

3.   Towns  and  gilds. 

a)  Development  to  this  'time. 

b)  Charters  and  organization. 

CHARTER  OF  RICHARD  I.  TO  WINCHESTER,   1  1  9O 

(SELECT  CHARTERS,  265-6). 

Richard,  by  the  Grace  of  God,  King  of  England,  Duke  of  Normandy,  etc.,  to 
the  archbishops,  bishops,  abbots,  earls,  barons,  justices,  sheriffs,  ministers,  and 
all  bailiffs,  and  his  faithful  subjects  of  his  whole  land,  greeting.  Know  ye,  that 
we  have  granted  to  our  citizens  of  Winchester,  of  the  gild  merchant,  that  none 
of  them  shall  be  impleaded  outside  the  walls  of  the  city  of  Winchester  in  any 
plea,  except  pleas  of  outside  tenures,  moneyers  and  our  ministers  being  ex- 
cepted.  We  have  granted  also  to  them  that  none  of  them  engage  in  the  duel, 
and  that  for  pleas  pertaining  to  our  crown  they  may  proceed  according  to  the 
ancient  custom  of  the  city.  These  things  also  we  have  granted  to  them,  that 
the  citizens  of  Winchester,  of  the  gild  merchant,  be  quit  of  duty,  custom  and 
bridge  toll,  in  the  market  and  outside,  and  through  the  sea  ports  of  our  whole 
land  this  side  of  the  sea  and  beyond ;  and  that  no  one  be  amerced  save  ac- 
cording to  the  ancient  law  of  the  city,  as  it  prevailed  in  the  time  of  our  ances- 
tors ;  and  that  they  shall  hold  justlv  all  their  lands  and  tenures  and  pledges 
and  dues.  And,  in  the  case  of  their  lands  and  tenures,  which  are  in  another 
city,  their  rights  shall  be  maintained  according  to  the  custom  of  the  city;  and 
for  all  dues  adjustable  at  Winchester  and  for  the  pledges  made  there,  they 
shall  hold  pleas  at  Winchester.  And  if  anyone,  in  pur  whole  land  takes  duty 
or  custom  from  the  men  of  Winchester,  of  the  gild  merchant,  after  he  has 
failed  of  right,  the  sheriff  of  Southampton  or  the  reeve  of  Winchester  shall 
take  a  pledge  for  his  appearance  at  Winchester.  Moreover,  for  the  benefit  of 
the  city,  we  have  granted  to  them,  that  they  shall  be  quit  of  exactions  and 
levies,  except  a  levy  made  by  our  sheriff  or  other  officer. 

These  said  customs  we  grant  to  them,  and  all  other  liberties  and  franchises 
which  they  had  in  the  time  of  our  ancestors;  and  if  any  unjust  customs  have 
been  levied  in  war,  they  shall  cease ;  and  whoever  seeks  the  city  of  Winchester 
with  his  merchandise,  from  whatever  place,  whether  a  foreigner  or  other,  shall 
come,  stay  and  return  in  our  peace,  rendering  right  customs,  and  no  one  shall 
disturb  him,  on  account  of  this,  our  charter.  Therefore,  we  wish  and  firmly 
decree  that  they  and  their  heirs  shall  have  by  inheritance  and  hold  all  tiie  afore- 
said, of  us  and  our  heirs.  Witness,  Walter,  Archbishop  of  Rouen;  Roger  of 


Bath,  Henr}'  of  Coventry,  bishops;  Bertram  of  Verdun,  John  Marshall,  William 
Marshall.    Given  by  the  hand  of  John  of  Alencon,  archdeacon  of  Lisieu,  out- 
vice-chancellor,  at  Nunancurte,  on  the  fourteenth   day  of  March,  in  the  first 
year  of  our  reign. 
F.  John  and  Magna  Charta,  1199-1216. 

1.  Accession  and  character. 

2.  Quarrels. 

a.  France. 

1)  Arthur  of  Brittany. 

2)  Loss  ot  Normandy. 

b.  Papac}-. 

1)  The  disputed  election  ;  story  and  claims. 

2)  Excommunication  and  interdict. 

3)  Surrender ;  England  a  fief  of  Rome. 

c.  Barons  and  clergy. 

1)  Exactions  and  abuses. 

2)  Revolt ;  meetings  and  proposals. 

3.  The  Charter. 

MAGNA  CHARTA 

("The  whole  constitutional  history  of  England  is  a  commentary  on  this 
charter."— Stubbs.) 

GRANTED  BY  KING  JOHN,  JUNE  15,  1215. 
(STUBBS'  SELECT  CHARTERS,  296-306) 

John,  by  the  grace  of  God,  King  of  England,  Lord  of  Ireland,  Duke  of  Nor- 
mandy and  Aquitaine,  Count  of  Anjou,  to  the  archbishops,  bishops,  abbots, 
earls,  barons,  justiciars,  foresters,  sheriffs,  reeves,  servants,  and  all  officers,  and 
his  faithful  subjects,  greeting:  Know  ye,  that  we,  in  the  sight  of  God,  and  for 
the  good  of  our  soul,  and  those  of  all  our  ancestors  and  of  our  heirs,  for  the 
honor  of  God  and  the  exaltation  of  Holy  Church,  and  the  benefit  of  our 
realm,  by  the  advice  of  our  venerable  fathers  Stephen,  Archbishop  of  Canter- 
bury, Primate  of  all  England,  Cardinal  of  the  Holy  Roman  Church,  Henry, 
Archbishop  of  Dublin,  William  of  London,  Peter  of  Winchester,  Jocelyn  of  Bath 
and  Glastonbury,  Hugh  of  Lincoln,  Walter  of  Worcester,  William  of  Coventry, 
&n<\  Benedict  of  Rochester,  bishops;  of  Master  Pandulf,  sub-deacon  and  com- 
panion of  the  Lord  Pope,  of  Brother  Aymeric,  Master  of  the  Knights  Templar 
in  England  ;  and  of  the  noblemen  William  Marshall,  Earl  of  Pembroke,  William, 
Earl  of  Salisbury,  William,  Earl  of  Warren,  William,  Earl  of  Arundel,  Alan  of 
Galloway,  Constable  of  Scotland,  Warren  Fitz-Gerald,  Peter  Fitz-Herbert, 
Hubert  de  Burgh,  Steward  of  Poitou,  Hugh  de  Nevil,  Matthew  Fitz-Herbert, 
Thomas  Bassett,  Alan  Bassett,  Phillip  d'  Albani,  Robert  de  Roppelay,  John 
Fitz-Hugh  and  others  of  our  liegemen. 

1.  In  the  first  place  we  have  granted  to  God,  and  by  this  our  present  char- 
ter confirmed,  for  us  and  our  heirs  forever  that  the  Church  of  England  shall  be 
free,  and  shall  hold  its  rights  intact  and  its  privileges  inviolable;  and  we  wrill 


that  it  be  thus  observed  ns  is  apparent  from  this,  that  the  freedom  of  elections, 
which  is  considered  to  be  most  important  and  especially  necessary  to  the 
Church  of  England,  we,  uf  our  mere  free  will,  granted,  and  by  our  charter  con- 
firmed, before  the  contest  between  us  and  our  barons  had  arisen  ;  and  obtained 
a  confirmation  of  it  by  the  Lord  Pope  Innocent  III.;  which  we  will  observe,  and 
which  we  desire,  shall  be  observed  in  good  faith  by  our  heirs  forever.  We  have 
granted,  morever,  to  all  free  men  of  our  kingdom,  for  us,  and  our  heirs  forever,  all 
liberties  written  below,  to  have  and  to  hold  for  themselves  and  their  heirs  from 
us  and  our  heirs  forever  :- 

2.  If  any  of  our  earls  or  barons,  or  others  holding  of  us  in  chief,   shall 
die  and  a  t  the  time  of  his  death,  the  heir  is  of  full  age  and  owes  a  relief,  he  shall  have 
his  inheritance  by  the  ancient  relief;  that  is  to  say,  the  heirs  of  an  earl,  for  the 
whole  barony  of  an  earl,  a  hundred  pounds ;  the  heir  or  heirs  of  a  baron,  for  a 
whole  barony,  a  hundred  pounds ;   the  heir  or  heirs  of  a  knight,  for  a  whole 
knight's  fee,  a  hundred  shillings  at  most;   and  whoever  owes  less,  let  him  give 
less,  according  to  the  ancient  custom  of  fiefs. 

3.  But  if  the  heir  of  any  such  shall  be  under  age,  and  shall  be  in  wardship, 
he  shall  have  his  inheritance  without  relief  and  without  fine. 

4.  The  guardian  of  the  land  of  such  a  minor  heir  shall  not  take  from  the 
land  of  the  heir  any  except  reasonable  profits,  reasonable  customary  payments, 
and  reasonable  services,  and  this  without  destruction  or  waste  of  men  or  prop- 
erty;  and  if  we  shall  have  committed  the  custody  of  the  land   of  any  such 
to  the  sheriff,  or  to  any  other  person  who  is  responsible  to  us  for  its  profits,  and 
that  man  shall  have  made  destruction  or  waste  on  the  lands  in  wardship,  we1 
will  recover  damages  from  him,  and  the  lands  shall  be  committed  to  two  lega 
and  discreet  men  of  that  fief,  who  shall  be  responsible  for  the  profits  to  us,  or  to 
him  to  whom  we  have  assigned  them;   and  if  we  shall  have  given  or  sold  to 
anyone  the  wardship  of  any  such  land,  and  he  shall  have  made  destruction  or 
waste  thereon,  he  shall  lose  that  wardship,  and  it  shall  be  handed  over  to  two 
legal  and  discreet  men  of  that   fief  who  shall  be  in  like  manner  responsible  to 
us  as  aforesaid. 

5.  But  the  guardian,  so  long  as  he  shall  have  custody  of  the  land,  must 
keep  up  the  houses,  parks,  warrens,  ponds,  mills,  and  other  things  pertaining 
to  the  land,  out  of  the  profits  of  the  land  itself;  and  he  must  return  to  the  heir, 
when  he  shall  have  come  to  full  age,  all  his  land,  furnished  with  ploughs  and 
implements  of  husbandry,   according  as  the  time  of  tillage  requires  and  the 
profits  of  the  land  can  reasonably  permit. 

6.  Heiresses  shall  be  married  without  disparagement,  and  so  that  before 
the  marriage  is  contracted,  it  shall  be  announced  to  those  near  of  kin  to  the 
said  heiress. 

7.  A  widow,  after  the  death  of  her  husband,  shall  have  her  dowry  and  her 
inheritance  at  once  and  without  hindrance,  nor  shall  she  give  anything  for  her 
dowry  or  forher  marriage  portion,  or  for  her  inheritance  which  inheritance  her 
husband  and  she  luld  on  the  day  of  his  death;  and  she  may  remain  in  the  house 
of  her  husband  for  forty  days  after  his  death,   within  which  time  her  dowry 
shall  be  assigned  to  her. 


8.  No  widow  shall  be  compelled  to  marry  as  long  as  she  prefers  to  live 
without  a  husband,  provided  she  gives  security  that  she  will  not  marry  with- 
out our  consent,  if  she   holds  of  us,   or  without  the  consent  of  the  lord  of 
whom  she  holds,  if  she  holds  of  another. 

9.  Neither  we  nor  our  officers  will  seize  any  land  or  rent  for  any  debt,  so 
long  as  the  chattels  of  the  debtor  are  sufficient  to  pay  the  debt ;  nor  shall  the 
sureties  of  a  debtor  be  distrained  so  long  as  the  principal  debtor  himself  has 
enough  to  pay  the  debt ;   and  if  the  principal  debtor  fails  to  pay  the  debt,  not 
having  \vherewithal  to  pa}r  it,  the  sureties  are  to  answer  for  the  debt;   and  if 
they  desire,  they  shall  have  the  lands  and  rents  of  the  debtor  until  they  shall 
have  been  satisfied  for  the  debt  which  they  paid  for  him,  unless  the  principal 
debtor  shall  have  shown  himself  to  be  quit  thereof  as  regards  those  sureties. 

10.  If  anyone  has  taken  a^thing  from  the  Jews,  by  way  of  a  loan,  more 
or  less,  and  dies  before  that  debt  is  paid,  the  debt  shall  not  bear  interest  so 
long  as  the  heir  is  under  age,  from  whomsoever  he  holds ;  and  if  that  debt  falls 
into  our  hands,  we  will  take  nothing  except  the  principal  specified  in  the  deed. 

11.  And  if  an}rone  dies  indebted  to  the  Jews,  his  wife  shall  have  her  dowry, 
and  shall  not  pay  any  of  that  debt ;  and  if  there  remain  minor  children  of  the 
deceased  their  necessary  wants  shall  be  provided  for,  corresponding  to  the  hold- 
ing of  the  deceased ;  and  from  the  remainder  the  debt  shall  be  paid,  saving  the 
service  due  to  the  lords.    In  the  same  way  debts  are  to  be  treated  which  are 
owed  to  others  than  Jews. 

12.  No  scutage  or  aid  shall  be  imposed  in  our  kingdom  unless  by  the  great 
council  of  our  realm,  save  for  the  ransoming  of  our  body,  for  knighting  our 
eldest  son,  and  for  once  marrying  our  eldest  daughter,  and  for  these  purposes 
it  shall  be  only  a  reasonable  aid ;  and  in  the  same  way  it  shall  be  done  con- 
cerning the  aids  of  the  city  of  London. 

13.  And  the  city  of  London  shall  have  all  its  ancient  liberties  and  free 
customs,  as  well  by  land  as  by  water.    Moreover,  we  will  and  grant  that  all 
other  cities  and  boroughs  and  towns  and  ports  shall  have  all  their  liberties 
and  free  customs. 

14.  And  for  holding  the  great  council  of  our  realm  for  the  assessment  of 
an  aid  other  than  the  three  cases  mentioned  above,  or  for  the  assessment  of  a 
scutage,  we    shall  cause  to  be  summoned  the  archbishops,  bishops,  abbots, 
earls,  and  greater  barons  by  individual  writ ;  and  furthermore,  we  shall  cause 
to  be  summoned  collectively,  by  our  sheriffs  and  officers,  all  those  who  hold 
from  us  in  chief;  for  a  certain  day,  that  is,  after  an  interval  of  at  least  forty 
days,  and  at  a  certain  place;  and  in  all  the  writs  of  that  summons,  we  will  ex- 
press the  purpose  of  that  summons,  and  when  the  summons  has  thus  been 
given  the  business  shall  proceed  upon  the  appointed  day,  on  the  advice  of  those 
present,  even  though  all  of  those  summoned  have  not  come. 

15.  We  will  not  grant  to  anyone,  in  the  future,  the  right  to  take  an  aid 
from  his  free  men,  except  for  ransoming  his  bod}r,  f°r  knighting  his  eldest  son, 
and  for  once  marrying  his  eldest  daughter,  and  for  these  purposes  a  reasonable 
aid  only  shall  be  taken. 


30 

16.  No  one  shall  be  compelled  to  perform  any  greater  service  for  a  knight's 
fee,  or  any  other  freehold,  than  is  due  from  it. 

17.  The  common  pleas  shall  not  follow  our  court,  but  shall  be  held  in  some 
fixed  place. 

18.  The  assizes  of  novel  disseisin,   mort  d' ancestor  and  darrein  present- 
ment shall  be  held  only  in  their  own  counties  and  in  this  manner:  we,  or  if 
we  are  out  of  the  realm,  our  principal  justiciar,  will  send  two  justiciars  through 
each  county  four  times  a  year,  who  with  four  knights  of  the  county,  elected  by 
the  county,  shall  hold  in  the  county,  and  on  the  day  and  in  the  place  of  the 
county  court,  the  aforesaid  assizes. 

19.  And  if  the  aforesaid  assizes  cannot  be  held  within  the  day  of  the  county 
court,  a  sufficient  number  of  knights  and  freeholders,  according  as  the  business 
is  more  or  less,  shall  remain,  from  those  present  at  the  county  court  on  that  day, 
to  give  the  judgment. 

20.  A  freeman  shall  not  be  fined  for  a  small  offense,  but  in  proportion  to 
the  measure  of  the  offense;   and  for  a  great  offense,  he  shall  be  fined  in  propor- 
tion to  the  magnitude  of  the  offense,  saving  his  contenement ;   and  a  merchant 
in  the  same  way,  saving  his  merchandise;  and  the  villan  shall  be  fined  in  the 
same  way,  saving  his  wainage,  if  he  shall  be  at  our  mercy;   and  none  of  the 
above  fines  shall  be  imposed  except  upon  the  oath  of  honest  men  of  the  neigh- 
borhood. 

21.  Earls  and  barons  shall  not  be  fined  except  by  their  peers,  and  onlv  in 
proportion  to  their  offense. 

22.  No  clergyman  shall  be  amerced  for  his  lay  holding  except  according  to 
the  method  of  the  others  aforesaid,  and  not  according  to  the  amount  of  his 
ecclesiastical  benefice. 

23.  No  town,  nor  man,  shall  be  compelled  to  make  bridges  over  the  rivers 
except  those  which  ought  to  do  it  of  old  and  of  right. 

24.  No  sheriff,  constable,  coroner,  or  other  officer  of  ours  shall  hold  pleas 
of  the  crown. 

25.  All  counties,  hundreds,   wapentakes,   and  tithings  shall  be  at  the  an- 
cient rates  and  without  any  increase,  except  our  demesne  manors. 

26.  If  anyone  holding  a  lay  fief  from  us  shall  die,  and  our  sheriff  or  officer 
shall  show  our  letters-patent  of  summons  fora  debt  which  the  deceased  owed  to 
us,  it  shall  be  lawful  for  our  sheriff  or  officer  to  attach  and  levy  on  the  chattels  of 
the  deceased  found  on  his  lay  fief,  to  the  amount  of  the  debt,  in  the  view  of  legal 
men,  so  that  nothing  be  removed  until  our  clear  debt  be  paid  ;  and  the  remain- 
der shall  be  left  to  the  executors  to  fulfill  the  will  of  the  deceased ;  and  if  nothing 
is  due  to  us  from  him,  all  the  chattels  shall  go  to  carry  out  the  will  of  the  de- 
ceased, saving  to  his  wife  and  children  their  reasonable  shares. 

27.  If  an}r  freeman  dies  intestate,   his  chattels  shall  be  distributed  by  the 
hands  of  his  near  kinsmen  and  friends,  under  the  oversight  of  the  church,  saving 
to  each  one  the  debts  which  the  deceased  owed  to  him. 

28.  No  constable,  or  other  officer  of  ours,  shall  take  anyone's  grain  or  other 
chattels,  without  immediately  paying  for  them  in  rnone}',  unless  he  is  able  to 
obtain  a  respite  at  the  good  will  of  the  seller. 


31 

29.  No  constable  shall  compel  any  knight  to  give  money  for  castle  guard, 
if  he  himself  will  do  it  in  person,  or  by  another  able  man,  in  case  he  cannot  do 
it  through  any  reasonable  cause.      And  if  we  have  carried  or  sent  him  into  the 
army,  he  shall  be  free  from  such  guard  for  the  time  he  shall  be  in  the  army  by 
our  command. 

30.  No  sheriff,  or  officer  of  ours,  or  anyone  else,  shall  take  the  horses  or 
wagons  of  any  freeman  for  carrying  purposes,  except  by  permission  of  said  free- 
man. 

31.  Neither  we,  nor  our  officers,  will  take  the  wood  of  any  man  for  castles, 
or  for  other  uses,  except  by  the  permission  of  the  owner  of  the  wood. 

32.  We  will  not  hold  the  lands  of  those  convicted  of  felony  for  more  than 
a  year  and  a  day,  after  which  the  land  shall  be  returned  to  the  lords  of  the 
fief. 

33.  All  the  fish-weirs  in  the  Thames  and  Medway,  and  throughout  all 
England  shall  be  done  away  with,  except  those  on  the  coast. 

34.  The  writ  which  is  called  Prascipe,  moreover,  shall  not  be  given  to  any- 
one concerning  any  tenement  by  which  a  freeman  shall  lose  his  court. 

35.  There  shall  be  one  measure  of  wine  throughout  our  whole  kingdom 
and  one  measure  of  ale,  and  one  measure  of  grain,  that  is,  the  London  quarter, 
and  one  width  of  dyed  cloth  and  of  russets  and  of  halbergets,  that  is  two  ells 
within  the  selvages;  of  weights,  moreover,  it  shall  be  as  of  measures. 

36.  Nothing  from  henceforth  shall  be  given  or  taken  for  a  writ  of  inquisi- 
tion of  life  or  limb,  but  it  shall  be  granted  freely,  and  not  denied. 

37.  If  anyone  holds  of  us  by  fee  ferm,  or  by  socage,  or  by  burgage,  and  of 
another  he  holds  land  by  knight's  service, we  will  not  have  the  wardship  of  the 
heir  or  of  his  land  which  belongs  to  another,  on  account  of  that  fee  ferm,  or 
socage,  or  burgage ;  nor  will  we  have  the  wardship  of  that  fee  ferm,  or  socage, 
or  burgage,  unless  that  fee  ferm  itself  owes  knight's  service.    We  will  not  have 
the  wardship  of  the  heir  or  of  the  land  of  anyone,  which  he  holds  of  another 
by  knight's  service  on  account  of  any  petty  serjeanty  which  he  holds  from  us 
by  the  service  of  paying  to  us  knives  or  arrows,  or  things  of  that  kind. 

38.  No  officer  for  the  future  shall  put  anyone  to  his  law  on  his  own  simple 
affirmation,  without  credible  witnesses  brought  for  this  purpose. 

39.  No  freeman  shall  be  taken,  or  imprisoned,  or  dispossessed,  or  outlaw- 
ed, or  banished,  or  in  any  way  destroyed,  nor  will  we  go  upon  him,  nor  send 
upon  him,  except  by  the  lawful  judgment  of  his  peers,  or  by  the  law  of  the  land. 

40.  To  no  one  will  we  sell,  to  no  one  will  we  deny,  or  delay,  right  or  justice. 

41.  All  merchants  shall  be  safe  and  secure  to  go  oat  from  England,  or  to 
come  into  England,  or  to  remain,  or  to  go  through  England,  by  land  or  by 
water,  for  buying  or  selling,  free  from  all  evil  tolls,  by  the  ancient  and  rightful 
custom,  except  in  time  of  war,  or  if  they  belong  to  a  nation  at  war  with  us; 
and  if  such  are  found  in  our  land  at  the  beginning  of  the  war,  they  shall  be  de- 
tained without  injury  to  body  or  goods,  until  it  shall  be  known  from  us  or 
from  our  chief  justiciar,  how  our  merchants  are  treated  in  the  land  at  war  with 
us ;  and  if  ours  are  safe  there,  the  others  shall  be  safe  in  our  land. 

42.  It  shall  be  lawful  thenceforth  for  anyone  to  go  out  from  our  kingdom, 


and  to  return,  safely  and  secureh*,  by  land  or  by  water,  saving  allegiance  to  us, 
except  in  time  of  war,  for  some  short  time,  for  the  common  good  of  the  realm, 
excepting  prisoners  and  outlaws  according  to  the  law  of  the  realm,  and  people 
of  a  land  at  war  with  us,  and  merchants,  who  shall  be  treated  as  above  men 
tioned. 

43.  If  anyone  holds  of  any  escheat,  as  of  the  honor  of  Wallingford,  or 
Nottingham,  or  Boulogne,  or  Lancaster,  or  of  other  escheats  which  are  in  our 
our  hands,  and  are  baronies,  and  he  dies,  his  heir  shall  not  pay  any  other  relief, 
nor  do  to  us  any  service,  other  than  he  would  do  to  the  barons,  if  that  barony 
was  in  the  hands  of  a  baron ;  and   we  will    hold  it  in  the  same  way  as  the 
baron  held  it. 

44.  Men  who  dwell  outside  of  the  forest  shall  not  henceforth  come  before 
our  justiciars  of  the  forest,  on  common  summons,  unless  the}^  are  impleaded.  Gl- 
are sureties  for  any  who  are  attached  on  account  of  the  forests. 

45.  We  will  not  appoint  as  justiciars,  constables,  sheriffs,  or  bailiffs,  any 
except  those  who  know  the  law  of  the  realm  and  are  well  inclined  to  observe  it. 

46.  All  barons  who  have  founded  abbeys  for  which  they  have  charters  from 
the  kings  of  England,  or  hold  by  ancient  tenure,  shall  have  their  custody  when 
these  become  vacant,  as  they  ought  to  have. 

47.  All  forests  which  have  been  afforested  in  our  time,  shall  be  disforested 
immediately;  and  so  it  shall  be  concerning  river-banks  which  in  our  time  have 
been  fenced  in. 

48.  All  evil  customs  concerning  forests,  warrens,  foresters,  and  warreners, 
sheriffs  and  their  officers,  river-banks  and  their  guardians,  shall  be  inquired  in- 
to, immediately,  in  each  county,  by  twelve  sworn  knights  of  the  same  county, 
elected  by  the  honest  men  of  the  same  county,  and  within  forty  days  after  the 
inquest  has  been  made,  they  shall  be  irrevocably  destroyed  by  them,  provided 
that  we  are  first  informed  of  it,  or  our  justiciar,  if  we  are  not  in  England. 

49.  We  will  immediately  give  up  all  hostages  and  charters,  delivered  to  us 
by  our  English  subjects,   as  securities  for  their  keeping  the  peace  and  yield- 
ing us  faithful  service. 

50.  We  will  remove  absolute^  from  their  bailiwicks  the  relatives  of  Gerard 
de  Athyes,  so  that  for  the  future  they  shall  have  no  bailiwick  in  England ;  En- 
gelard  de  Cygony,  Andrew7,  Peter,  and  Gyon  de  Chancelles,  Gyon  de  Cygony, 
Geoffrey  de  Martin  and  his  brothers,  Philip  Mark  and  his  brothers,  and  Geof- 
frey, his  nephew,  and  their  whole  retinue. 

51.  As  soon  as  peace  is  restored,  we  will  send  out  of  the  realm  all  foreign 
knights,  cross-bowmen  and  mercenaries,  who  have  come  with  horses  and  arms 
for  the  injury  of  the  realm. 

52.  If  anyone  shall  have  been  dispossessed  or  removed  by  us  without  the 
lawful  judgment  of  his  peers,  from  his  lands,  castles,  franchises  or  right,  we 
will  restore  them  to  him  immediately;  and  if  contention  arises  about  this,  then 
it  shall  be  done  according  to  the  judgment  of  the  twent/y-five  barons  for  the  se- 
curity of  the  peace,  mentioned  below.    For  all  those  things,  however,  of  which 
anyone  has  been  deprived  or  of  which  he  has  been  dispossessed  without  lawful 
judgment  of  his  peers,  by  King  Henry  our  father,  or  by  King  Richard  our 


brother,  which  \ve  have  in  our  hands,  or  which  others  hold  and  it  is  our  duty 
to  guarantee,  we  shall  have  respite  for  the  usual  time  of  crusaders;  excepting 
those  things  about  which  a  suit  had  been  begun,  or  the  inquest  made  bv  our 
writ,  before  our  assumption  of  the  cross;  when,  however,  we  shall  return  from 
our  journey,  or  if  by  chance  we  desist  from  the  journe}^  we  will  immediately 
show  full  justice  in  regard  to  them. 

53.  We  shall,  moreover,  have  the  same  respite,  and  in  the  same  mariner,, 
about  showing  justice  in  regard  to  the  forests,  which  are  to  be  disforested  or  to 
remain  forests,  which  Henry  our  father  or  Richard  our  brother  made  into  for- 
ests; and  concerning  the  custody  of  lands  which  are  in  the  fief  of  another,  cus- 
tody of  which  we  have  until  now  had,  on  account  of  a  fief  which  anyone  has 
held  from  us  by  knight's  service ;  and  concerning  the  abbeys  which  have  been 
founded  in  fiefs  of  others  than   ourselves,  in   which  the  lord  of  the  fief  has  re- 
served for  himself  a  right;  and  when  we  return,  or  if  we  should  desist  from  our 
journey-,  we  will  immediately  show  full  justice  to  those  complaining  in  regard 
to  them. 

54.  No  one  shall  be  seized  or  imprisoned  upon  the  appeal  of  a  woman  for 
the  death  of  any  other  than  her  husband.      '* 

55.  All  unjust  and  illegal  fines,  and  all  unjust  and  illegal  amercements,, 
shall  be  altogether  given  up,  or  else  left  to  the  judgment  of  the  twenty-five 
barons  hereafter  mentioned  for  the  preservation  of  the  peace,  or  to  the  judg- 
ment of  the  majority  of  them  along  with  the  aforesaid  Stephen,  Archbishop  of 
Canterbury,  if  he  is  able  to  be  present,  and  others  whom  he  may  wish  to  invite. 
And  if  he  shall  not  be  able  to  be  present,  nevertheless  the  business  shall  go  on 
without  him,  provided,  that  if  one  or  more  of  the  aforesaid  twenty-five  barons 
are  interested  in  a  similar  suit  they  shall  be  removed  in  this  particular  case, 
and  others  who  shall  be  chosen  and  put  upon  oath  by  the  remainder  of  the 
twenty-five  shall  be  substituted  for  them. 

56.  If  we  have  dispossessed  or  removed  any  Welshmen  from  their  lands, 
franchises,  or  other  things,  without  lawful  judgment  of  their  peers,  in  England 
or  Wales,  they  shall  be  immediately  returned  to  them;  and  if  a  dispute  arises 
over  this,  then  it  shall  be  settled  in  the  March  by  judgment  of  their  peers,  con- 
cerning holdings  in  England  according  to  the  law  of  England,  concerning  hold- 
ings in  Wales  according  to  the  law  of  Wales,  and  conceming  holdings  in  the 
Marches  according  to  the  laws  of  the  Marches.    The  Welsh  shall  do  the  same 
to  us  and  to  ours. 

57.  Concerning  all  these  things,  however,   from  which  any  one  of  the 
Welsh  shall  have  been  removed,  or  dispossessed. without  lawful  judgment  of  his 
peers,  by  King  Henry  our  father,  or  King  Richard  our  brother,  which  we  hold 
in  our  hands,  or  which  others  hold  and  we  are  bound  to  warrant  to  them,  we 
shall  have  respite  for  the  usual  period  of  crusaders,  except  concerning  those 
about  which  a  suit  was  begun,  or  inquisition  made  by  our  command,  before 
our  assumption  of  the  cross.    When,  however,  we  shall  return,  or  if  by  chance 
we  shall  desist  from  our  journey,  we  will  show  full  justice  to  them  immediately, 
according  to  the  law  of  the  Welsh  and  the  aforesaid  parts. 


34 

58.  We  will  give  back  the  son  of  Llewelyn  immediately,  and  all  the  host- 
ages from  Wales,  and  all  the  charters, which  have  been  delivered  to  us  as  security 
for  peace. 

59.  We  will  act  toward  Alexander,  King  of  the  Scots,  concerning  the  re- 
turn of  his  sisters  and  his  hostages,  and  concerning  his  franchises  and  his  right, 
according  to  the  manner  in  which  we  shall  act  towards  onr  other  barons  of 
England,  unless  it  ought  to  be  otherwise  by  the  charters  which  we  hold 
from  William  his  father,  formerly  King  of  the  Scots,  and  this  shall  be  by  the 
judgment  of  his  peers  in  our  court. 

GO.  All  the  aforesaid  franchises,  which  we  have  granted  to  be  held  in  onr 
kingdom,  as  far  as  pertains  to  us,  in  respect  to  our  vassels,  all  men  of  our  king- 
dom, as  well  clergy  as  laity,  shall  observe  as  far  as  pertains  to  them,  in  respect 
to  their  vassals. 

61.  And  whereas,  for  the  honor  of  God,  and  for  the  improvement  of  our 
realm,  and  for  the  better  quieting  of  the  hostility  lately  arisen  between  us  and 
our  barons,  we  have  made  all  these  concessions ;  we  wish  them  to  enjoy  these 
in  a  complete  and  firm  stabilit\r  forever,  wre  make  and  concede  to  them  the 
security  described  below :  that  is  to  say,  that  they  shall  elect  twenty-five  bar- 
ons of  the  kingdom,  whom  they  will,  who  ought  with  all  their  power  to  ob- 
serve, hold,  and  cause  to  be  observed,  the  peace  and  liberties  which  \ve  have 
granted  to  them,  and  by  this  our  present  charter  confirmed  to  them;  in  this 
manner,  that  if  we,  or  our  justiciar,  our  officers,  or  anyone  of  our  servants  shall 
have  done  wrong  in  any  way  towards  anyone,  or  shall  have  transgressed  any 
of  the  articles  of  peace  or  security,  and  the  wrong  shall  have  been  shown  to  four 
barons  of  the  aforesiad  twenty-five  barons,  let  these  four  barons  come  to  us,  or  to 
our  justiciar,  if  we  are  out  of  the  realm,  laj'ing  before  us  the  grievance  and  let 
them  petition  that  it  be  corrected  without  delay.  And  if  we  shall  not  have 
corrected  the  grievance,  or  if  we  should  chance  to  be  out  of  the  realm  and  it 
shall  not  be  redressed  by  our  justiciar  within  a  period  of  forty  days,  counting 
from  the  time  of  notification  to  us  or  our  justiciar,  if  we  are  out  of  the  realm ; 
the  aforesaid  four  barons  shall  refer  the  matter  to  the  remainder  of  the  twenty- 
five  barons,  and  let  these  twenty-five  barons  with  the  whole  community  of  the 
country,  distress  and  injure  us  in  every  way  possible,  that  is  to  sa\r,  by  the 
seizure  of  our  castles,  lands,  possessions,  and  in  any  other  way  possible  until 
the  grievance  is  redressed  according  to  their  judgment,  saving  our  person  and 
the  persons  of  our  queen  and  children ;  and  when  the  grievance  is  redressed 
they  shall  act  towards  us  as  before.  And  any  person  whatsoever  in  the  king- 
dom may  swear  that  he  will  obey  the  orders  of  the  aforesaid  twrenty-tivc 
barons,  and  we  publicly  and  freely  give  permission  to  each  one  who  wishes  this 
that  they  may  injure  us  as  far  as  possible.  All  those,  moreover,  in  the  country ,  who 
of  themselves  and  of  their  own  will,  are  unwilling  to  take  an  oath  to  join  the 
twenty-five  barons  in  distressing  and  injuring  us,  we  will  compel  to  take  the 
oath  at  our  command.  And  if  anyone  of  the  twenty-five  barons  dies,  or  de- 
parts from  the  realm,  or  shall  in  any  other  way  be  prevented  from  taking  the 
above  mentioned  action,  let  the  aforesaid  twenty-five  barons  choose  another  in 


his  place,  according  to  their  judgment,  who  shall  take  nn  oath  in  tlie  same  way 
as  the  others.  In  all  these  matters  which  are  committed  to  the  twenty-five 
barons  to  carry  out,  if  some  disagreement  arises  among  them  about  any  matter 
when  they  are  all  present,  or  if  any  of  them  when  summoned  are  unable  to  be 
present,  let  that  matter  be  considered  valid  and  firm  which  the  majority  of 
those  present  agree  upon  and  enjoin,  just  as  if  the  whole  twenty-five  had 
agreed  to  it,  and  let  the  twenty -five  swear  that  they  will  observe  faithfully  all 
the  things  aforesaid,  and  with  all  their  ability  cause  them  to  be  observed,  and 
we  will  procure  nothing  from  anyone,  either  by  ourselves,  or  by  another,  where- 
by any  of  these  concessions  and  liberties  may  be  revoked  or  diminished;  and 
if  any  such  shall  have  been  obtained,  it  shall  be  null  and  void,  and  we  will  never 
use  it  ourselves  or  by  another. 

62.  And  all  ill  will,  grudges,  and   rancors,  which  have  arisen  between  us 
and  our  subjects,  clergy  and  laity,  from  the  time  of  the  dissension,  we  have  ful- 
ly renounced  and  pardoned  to  all.    Moreover,  all  transgressions  committed  on 
account  of  this  dissension,  from  Easter,  in  the  sixteenth  year  of  our  reign,  till  the 
restoration  of  peace,  we  have  fully  remitted  to  all,  clergy  and  laity,  and  as  far 
as  in  us  lies,  fully  pardoned.      Moreover,  we  have  caused  to  be  made  for 
them  the  testimonial  letters  patent  of  Lord  Stephen,  Archbishop  of  Canter- 
bury, Lord  Henry,  Archbishop  of  Dublin,  and  of  the  aforesaid  bishops  and 
of  Master  Pandulf  for  the  security  and  the  concessions  named  above. 

63.  Wberefore  we  will,  and  firmly  enjoin,  that  the  Church  of  England  be 
free,  and  the  men  in  our  kingdom  shall  have  and  hold  all  the  aforesaid  liberties, 
rights  and  concessions,  well  and  peaceabhr,  freely  and  quietly,  fully  and  complete- 
ly, for  themselves  and  their  heirs,  from  us  and  our  heirs,  in  all  things  and 
places,  forever.    It  is  also  sworn,   as  well  on  our  part  as  on  the  part  of  the 
aforesaid  barons,  that  all  these  things  aforesaid  shall  be  observed  in  good  faith 
and  without  evil  intent.    Witness,  the  above  named  and  many  others,  given 
under  ourhand,inthe  meadow'  called  Runnymede,  betwreen  Windsor  and  Stains, 
on  the  fifteenth  day  of  June,  in  the  seventeenth  year  of  our  reign. 

SUMMARY. 

1.  The  Three  Estates :  cf.  in  each  case  \vith  charter  of  Henry  I. 

a.  The  Clergy ;  1  and  42 ;  Freedom  of  elections,  appeal  to  Rome,  cf. 

charter  of  Henry  I.,  1. 

b.  The  Barons;  2-8,  12,  14-16,  29,  32,  37,  43,  46;  Feudal  abuses  re- 

dressed, amount  and  occasion  fixed ;  cf.  Charter  of  Henry 
I.,  2-8,  11. 

c.  The  Commons;  13,  23,  33,  35,  41,  42,  60;  Same  rights  from  barons, 

protection  to  commerce  and  popular  interests,  cf.  Charter 
of  Henry  I.,  2  and  4. 

2.  Administration  of  law  and  justice;   17-22,  24,  34,  36,  38-40,  45,  54; 

guarantees  the  svstem  developed  by  Henry  II ;  cf.  Charter 
of  Henry  I.,  8,  12,  13. 

3.  Great  Council  and  Taxation;    12  and  14;    shows    composition  and 

powrers  of  Great  Council,  a  complete  feudal  council,  with- 
out whose  assent  no  extraordinary  feudal  aid  can  be  levied. 


4.  Representation,  use  in  local  courts;  IS,  19,  4-S. 

5.  Protection  of  property;  9-11,  23,  25-28,  30,  31 ;  no  arbitrary  seizure. 

6.  Forests  ;  44,  47,  48,  53 ;  restricted  to  ancient  extent  and  customs. 

7.  Temporary  provisions;  49-53,  55-59. 

8.  Enforcement;  61-62  ;  the  duty  of  rebellion. 

G.  COLLATERAL,  Tones.  , 

1.  Learning  and  literature  at  the  court  of  Henry  II. 

2.  Glanvill ;  lite  and  works. 

3.  The  Forests;  origin,  extent,  courts,  charters,  present  status,  etc. 

VI.     THE  STRUGGLE  FOR  THE  GREAT  CHARTER  AND  THE  FORMA- 
TION OF  PARLIAMENT  (1216-1307). 
A.  BIBLIOGRAPHY. 
1.   Original. 

a.  Law  writers  and  collections. 

BRACTOX:  De  Legibus  Anglto?. 

Note  Book. 

BRITTOX:  Siimma  de  Legibus. 
ELLIS:  Original  Letters,  Third  Series,  Vol.  I. 
HALLIWELL:  Letters  of  the  Kings  of  England. 
HORWOOD:  Year  Books  of  Edward  I. 
HUTTOX  :  Misrule  of  Henry  III. 

Simon  de  Montfort  and  His  Cause. 
LOUARD:  Letters  of  Bishop  Grosseteste. 
MAITLAXD:  Pleas  of  the  Crown  for  Gloucester,  1221. 
RYMER:  Feed  era. 

SHIRLEY:  Royal  Letters  of  Henry  III. 
STUBBS:   Select  Charters,  Parts  VI.  and  VII. 

b.  Public  Records. 

Charter  Rolls. 

Close  Rolls. 

De  Quo  Warranto  Rolls. 

Hundred  Rolls. 

Modus  Tenendi  Parliamentum. 

Parliamentary  Writs. 

Pipe  Rolls. 

Placitorum  Abbreviation 

Rolls  of  Parliament. 

Statutes  of  the  Realm. 

c.  Chronicles. 

Annales  Londoniensis. 

Annales  Monastici. 

MATTHEW  PARIS:  Historia  Major. 

MATTHEW  OF  WESTMINSTER:  Flores  Historiarum. 

NICHOLAS  TIKIVET:  Annales. 

ROGER  OF  WEXDOYER:  Flores  Historiarum. 


WALTER  OF  COVENTRY:  Mcrnoriale. 

WALTER  OF  HEMINGUURGH  :  Chronica. 

WILLIAM  RISHANGER:  Chronica. 
2.  Secondar\'. 

BLAAUW:  The  Barons  War,  Chap.  XIII. 
BOUTMY:  The  English  Constitution,  pp.  33-69. 
BRODRICK  :  History  of  the  University  of  Oxford. 
Cox :  Aritient  Parliamentary  Elections,  Chap.  Y. 

Institutions  of  the  English  Government,  pp.  11-13. 
CREASY:  History  of  England,  Vol.  I.,  Chaps.  XII.  and  XIII. 

English  Constitution,  Chaps.  XII.  and  XIII. 
CREIGHTON  :  Simon  de  Monfort,  Chaps.  V.-XYIII. 
CUNNINGHAM:   Growth  of  English  Industry  and   Commerce,  Vol.  I., 

Book  II.,  Chap.  III.,  Sec.  65;  Book  III.,  Chap.  I.,  Sec.  85. 
DIGBY:   History  of  the  Law  of  Real  Property,  Part  I.,  Chap.  IV.,  Sec. 

2-4. 

DOWELL:  History  of  Taxation,  Vol.  I.,  Chaps.  V.-IX. 
FEILDEN:  Constitutional  History  of  England,  pp.  15-19,  94-96,   121- 

123, 128-131,  186,  279-281. 

FREEMAN:  Growth  of  the  English  Constitution,  pp.  56-96. 
GARNIER:  History  of  the  English  Landed  Interest,  Vol.  I.,  Chap.  XIII. 
GLASSON:  Droit  et  Institutions,  Tome  III.,  Chap.  III.,  Sec.  97. 
GNEIST:  Constitutional,   History  of  England,  Vol.  II.  pp.  1-15. 

History  of  the  English  Parliament. 

GREEN:  History  of  the  English  People,  Vol.  I.,  Book  III.,  Chaps.  II.-IV. 
GROSS:  The  Coroner-Political  Science  Quarterly,  1892. 
HALLAM:  Middle  Ages,  Chap.  VIII.,  Part  III. 
HEAKN:  The  Government  of  England,  Chaps.  XV.-XVII. 
HUNT:  English  Church  in  the  Middle  Ages,  pp.  145-182. 
JESSOP  :  The  Coming  of  the  Friars. 

LINGARD:  History  of  England,  Vol.  II.,  Chaps.  VI.  and  VII. 
MEDLEY:  Constitutional  Essays,  Parliament. 
MULLINGER  :  History  of  the  University  of  Cambridge. 
PAULI  :  Simon  de  Monfort,  Introduction  and  Chaps.  III.-V. 
PEARSON:  Vol.  II.,  esp.  Chaps.  II.,  III.,  VII.,  XV.  and  XVI. 
PERRY  :  English  Church  History,  Vol.  I. 

PIKE  :  History  of  Crime  in  England,  Vol.  I.,  pp.  157-162,  184-192. 
POLLOCK  :  The  Land  Laws,  pp.  52-90. 

POLLOCK  and  MAITLAND:  History  of  the  English  Law,  Vol.  I.,  Chap.  VI. 
PROTHERO:  Simon  de  Montfort:  Introduction  and  chaps.  III.,  V.,  VI., 

IX.  and  X. 

RANKE:  History  of  England,  Vol.  I.,  Book  I.,  Chap.  IV. 
REEVES:  Historv  of  the  English  Law,  Vol.  I.,  chaps.  V.-VIIL;  Vol.  II., 

chaps.  IX.-XI. 

ROWLEY:  Rise  of  the  People,  Books  1.  and  III. 
SCKUTTON:  Influence  of  Roman  Law,  pp.  65-73,  119-121,  150-195. 


38 

SEELEY:  Greatest  of  All  the  Plantagetiets  (Edward  I.). 

SKOTTOWE:  Short  History  of  Parliament,  Cliap.  I. 

STUBBS:  Constitutional  History  of  England,  Vol.  II.,  chaps.  XIV.  and 

XV.,  esp.  sections  168,  176-203,  214-237,  244. 
Early  Plantagenets,  chaps.  VIII.-XI. 
Select  Charters,  pp.  31-51. 
TASWELL-LANGMKAD:  Constitutional    History  of  England,  pp.  213- 

215,  236-272. 
TAYLOR:  Origin  and   Growth  of  the  English  Constitution,  Book  II., 

Chap.  IV.,  Sees.  7-10;  Book  III.,  Chap.  I.,  Sees.  1-7. 
TOUT:  Edward  I.,  esp.  Chaps.  VII. -XL 
TRAILL:  Social  England,  Vol.  I.,  Chap.  IV. 
WALPOLE:  Electorate  and  the  Legislature,  Chaps.  I. -III. 

B.  NARRATIVE. 

1.  Henry  III.,  1216-1272. 

a.  Minority. 

1)  The  regency  ;  Pembroke,  Hubert  de  Burgh. 

2)  Confirmation  of  Magna  Charta. 

a)  Omissions;  cf.  original. 

b)  Later  confirmations. 

b.  Personal  rule  of  Henry. 

1)  Foreign  favorites,  extravagence  and  wars. 

2)  Relations  with  the  Papacy. 

a)  Early  demands. 

b)  Kingdom  of  Sicily. 

3)  Devices  for  raising  money. 

4)  Resistance  of  the  barons. 

c.  Kingship  in  commission  ;  Simon  de  Monfort. 

1)  The  Mad  Parliament. 

2)  The  Provisions  of  Oxford. 

3)  The  Mise  of  Amiens. 

4)  The  Barons  War. 

a)  Lewes. 

b)  Monfort  in  control. 

c)  The  reaction  •  Evesham. 

d)  The  Dictum  of  Kenihvorth. 

2.  Edward  L,  1272-1307. 

a.  Wars. 

1)  Wales;  final  conquest  and  incorporation. 

2)  Scotland. 

a)  Relation  of  the  two  kingdoms  to  this  period. 

b)  The  disputed  succession ;  claims  of  Balliol,  Bruce  and  Hast- 

ings, Edward's  award. 

c)  The  revolt ;  Wallace  and  Bruce. 

3)  France. 


4)   Effect  upon  constitutional  development, 
b)   Expulsion  of  the  Jews;  sketch  of  their  history  in  England. 
C.   CONSTITUTIONAL  DEVELOPMENT. 
1.    Parliament. 

a.  Great  Council  in  1216. 

1)  Composition  and  powers. 

2)  Tendency  towards  representation. 

b.  Development  of  representation. 

1)  Origin  in  the  local  courts. 

a)  Gradual  development. 

1.  Laws  of  Ethelred,  978-1016  (Select  Charters,  72)   Chap.  111.:        * 

And  that  a  gemot  be  held  in  every  \vapontake;  and  the  XII. 
senior  thegns  go  out,  and  the  reeve  with  them,  and  swear  on  the  relic  that  is 
given  them  in  hand,  that  they  will  accuse  no  innocent  man,  nor  conceal  any 
guilty  one. 

2.  Laws  of  Henry  I.,  1100-1135  (Select  Charters,  104-107),    VII.,  7:   If 
any  of  the  barons  of  the  king,  of  others,  shall  be  present  at  the  county  court, 
according  to  the  law,  he  can  acquit  all  the  land  which  he  holds  there  in  his 
domain.   8.  Likewise  we  have  decreed  for  the  hundred,  concerning  the  presence 
of  the  lord  and  his  steward,  or  of  the  priest,  reeve  and  best  men. 

3.  Cf.  Title  of  the  Domesday  Survey  for  Ely,   1086,  Supra  p.   11  (Select 
Charters,  86}. 

4.  Cf.  Constitution  of  Clarendon,  6  and  9,  1164,  Supra  pp.  17-19  (Select 
Charters,  135-40). 

5.  Cf.  Assize  of  Clarendon,  1  and  4,  1166,  Supra  pp.  21-23  (Select  Char- 
ters, 140-6). 

6.-  Cf.  Assize  of  Arms,  9,  11S1,  Supra  pp.  24-25  (Select  Charters,  153-6). 

7.  Cf.   Ordinance  of  the  Saladin  Tithe,  2,  1188,  Supra  p.  25  (Select  Char- 
ters, 159-60). 

8.  Cf.  Magna  Charta,  18,  19  and  48,  1215,  Supra  p.  27-34  (Select  Char- 
ters, 296-306). 

b)  Extent  about  1216. 

2)  Application  of  the  principle  to  the  Great  Council. 

REPRESENTATION  OF    THE   COMMONS   IN   THE    GREAT.  COUNCIL. 

1213-1294. 

1.  1213.  Mathew  Paris,  p.  239  (Select  Charters,  276):  The  king  sent 
letters  to  all  the  sheriffs  of  the  realm  of  England,  commanding  that  from  each 
township  of  his  domains,  they  should  cause  to  assemble  four  legal  men  with 
the  reeve,  at  St.  Albans,  on  the  fourth  of  August  that  by  them  and  others  of  his 
servants,  he  could  ascertain  the  injury  and  loss  sustained  by  each  bishop,  and 
what  was  due  to  each.  There  were  present  at  the  council  at 

St.  Albans,  Walfrid  Fitz  Peter  arid  the  bishop  of  Winchester,  with  the  arch- 
bishops, and  bishops,  and  magnates  of  the  realm;  when  the  king's  peace  was 


40 

declared  to  all,  and  it  was  firmly  decreed  on  the  part  of  the  king  that  the  laws 
of  Henry,  his  grandfather,  should  be  observed  by  all  in  the  realm  and  that 
all  unjust  laws  should  be  annulled.  It  was  furthermore  declared  to  the  sheriffs, 
foresters  and  other  servants  of  the  king,  as  they  valued  life  and  limb,  that they 
should  not  extort  anything  by  violence  from  ain'one,  nor  presume  to  inflict  in- 
jury upon  any  one,  nor  levy  contributions  anywhere  in  the  realm,  as  they  had 
been  in  the  habit  of  doing. 

2.  1213.   (Select  Charters,  286-7):    The  king  tothesheriff  of  Oxford,  greet- 
ing.    We  command  you  that  all  of  the  knights  of  your  bailiwick,  who  were 
summoned    to  be  at  Oxford  in  our  presence  two  weeks  after  All  Saints  Day, 
with  their  arms;  likewise  the  body  of  barons  without  arms ;  and  four  discreet 
men  from  your  county,  you  will  cause  to  come  to  us  for  the  same  purpose,  /.  e., 
to  confer  with  us  about  the  business  of  our  kingdom.    Witness,  I  myself,  at 
Winchester,  the  seventh  day  of  November. 

3.  1254.     (Select  Charters,  375-7):    The  King  to  the  sheriff  of  Bedford 
and  Buckingham,  greeting.        *  We  strictly  order  that  besides  all 
the  aforesaid,  you  will  cause  to  appear  at  our  council,  at  Westminster,  on  the 
twenty-sixth  of  April,  four  legal  and  discreet  knights,  from  the  aforesaid  coun- 
ties, whom  these    same  counties  shall  have  elected  for  this  purpose,   /.  e.,  in 
place  of  all  and  each  of  the  inhabitants  of  the  counties,  viz.,  two  from  onecoun- 
ty  and  two  from  the  other,  to  make  provision,  together  with  the  knights  of 
the  other  counties,  whom  we  have  caused  to  be  summoned  for  the  same  day, 
how  great  an  aid  they  wish  to  grant  to  us  in  such  an  exigency. 

4.  1261.    (Select  Charters,  405):    The  King  to  the  sheriff  of  Norfolk  and 
Suffolk,  greeting.    Since,  on  the  part  of  the  Bishop  of  Worcester,  the  earls  of 
Leicester  and  Gloucester,  and  certain  other  nobles  of  our  realm,  three  knights 
have  been  summoned  from  each  of  our  counties,  to  be  present  with  them  at  St. 
Albans,  at  the  coming  feast  of  St.  Matthew^,  the  Apostle,  to  consider  with  them 
about  the  common  affairs  of  our  realm,  while  we  and  our  aforesaid  nobles,  on 
the  same  day,  at  Windsor,  shall  assemble  to  consider  the  peace  between  us  and 
them,  we  order  you  that  those  knights  of  your  bailiwick,  who  were  summoned 
to  them  on  that  day,  you  will  strictly  enjoin  on  our  part,  that,  putting  aside 
every  obstacle,  they  come  to  us  on  the  aforesaid  day  at  Windsor, 

to  have  a  conference  with  us  on  the  matters  proposed,  in  order  that 
by  the  result  of  the  work,  they  may  see  and  know  that  we  propose  to  attempt 
nothing,  except  what  we  know  will  conduce  to  the  honor  and  common  good  of 
our  kingdom.  Witness,  the  King,  at  Windsor,  on  the  llth  day  of  September. 

5.  1264.     (Select  Charters,  411-412):     And  because  at  our  coming  Parlia- 
ment we  ought  to  consider  of  our  business  and  that  of  our  kingdom,  with  the 
prelates,  magnates,  and  others  of  our  faithful  subjects,  we  command  that  you 
send  to  us  four  of  the  more  legal  and  discreet  knights  of  the  said  county,  by  the 
assent  of  the  said  county  elected  for  this  purpose  in  behalf  of  the  entire  county, 
that  they  may  be  present  with  us,  at  London,  on  the  twenty-second  day  of 


June,  to  consider  with  us  the  aforesaid  business.        "'  Witness,  the 

king,  at  St.  Paul's,  London,  on  the  fourth  clay  of  June. 

6.  1265.  Simon  de  Montfort's  Parliament  (Seleet  Charters,  415) :  Like- 
wise it  is  ordered  that  each  sheriff  of  England  cause  to  come  two  knights  from 
the  more  legal,  tried  and  discreet  of  each  county  to  the  king  at  London.  *  ' 

Likewise  in  the  above  form  a  writ  is  sent  the  citizens  of  York,  Lincoln,  and 
other  boroughs  of  England,  ordering  to  send  two  from  the  more  legal,  tried 
and  discreet  men,  both  citizens  and  burgesses. 

Like  wise  in  the  aforesaid  form  order  was  sent  to  the  barons  and  to  the  tried 
men  of  the  Cinque  Ports. 

6.  1267.    Statute  of  Maryborough  (Select  Charters,  336):    Moreover,  in 
the  fifty-second  year  of  Lord  Henry,  the  son  of  King  John,  on  the  octave  of  St. 
Martin,  the  lord  king  himself,  acting  for  the  advancement  of  his  realm,  and  for 
the  larger  manifestation  of  justice,  as  far  as  required  by  the  welfare  of  the 
kingly  office,  having  summoned  the  more  discreet  of  his  realm,  both  the  greater 
and  the  lesser,  it  was  so  provided,  determined  and  harmoniously  agreed  upon. 

7.  1269.    Annals  of  Wykes  (Select  Charters,  337) :     On  the  thirtieth  day 
of  October,  having  assembled  all  the  prelates  and  magnates  of  England,  as  well 
as  the  abler  men  of  all  the  cities  and  boroughs  of  his  realm  *       (to  trans- 
late the  relics  of  Edward  the  Confessor).        *        *        *        After  having  com- 
pleted the  solemn  service  of  the  translation,  the  nobles  began,  as  was  custom- 
ary, to  consider  the  affairs  of  the  king  and  the  realm,  in  a  kind  of  Parliament. 

8.  1273.  Annals  of  Winchester  (Select  Charters,  429):   In  this  year,  alter  the 
feast  of  St.   Hilary,  an  assembly  being  called  of  all  the  prelates  and  other 
magnates  of  the  kingdom  at  Westminster,  after  the  death  of  the  illustrious 
King  Henr}r,  there  assembled  the  archbishops,  bishops,  earls,  barons,  abbots, 
priors,  and  from  each  county  four  knights,  and  from  each  city  four, who,  all  be- 
ing in  the  presence  of  William,  archbishop  of  York,  Roger  Mortimer  and  Rob- 
ert Burnell,  who  were  present  in  place  of  the  Lord  Edward,  King  of  Eng- 
land, took  the  oath  to  Edward  as  prince  of  the  land,  and  acknowledged  the 
obligation  to  maintain  the  peace  of  the  realm,  firmly  and  faithfully,    '' 

at  which  Lord  Walter  de  Merton  was  made  Chancellor  *  '  *  and  it  was 
provided  that  there  should  be  no  Itinerant  Justices  until  the  arrival  of  the 
Prince,  except  upon  the  Bench. 

9.  1275.     Patent  Roll,  July  24,  1276  (Select  Charters,  430):    Since  in  our 
first  general  parliament  after  our    coronation  in  the    third 
year  of  our  reign,  of  our  own  free  will  and  by  the  advice  of  our  councillors,  and 
by  the  consent  of  the  commonalty  of  our  kingdom  there  assembled 

we  decreed. 

10.  1278.    Statute  of  Gloucester,  Preamble  (Select  Charters,  431) :     The 
king  for  the  amelioration  of  his  kingdom        *        *        *        called  the  more  dis- 
creet of  his  realm,  as  well  the  greater  as  the  lesser,  and  it  was  established, 
and  harmoniously  agreed  upon        * 


11.  1282.  Parliamentary  Writ:  The  king  to  the  sheriff  of  Norfolk  and 
Suffolk  greeting.  *  *  You  will  cause  to  come  to  us  *  * 

*  also  four  knights  from  each  of  the  said  counties,  having  full  power  in 
behalf  of  the  commonalty  of  the  said  counties;  and  from  each  city,  borough 
and  market  town,  two  men,  also  having  power  in  behalf  of  their  commonalties 
to  hear  and  to  act  about  these  matters,  which  on  our  part  we  shall  cause  to 
be  shown  to  them. 

12!  1283.  Parliamentary  Writ  to  the  City  of  London  (Select  Charters, 
467-8):  And  because  we  wish  to  have  a  conference  with  our  faithful  subjects 
about  what  ought  to  be  done  with  David  (King  of  Wales)  *  *  we 

command  that  you  cause  to  be  elected  two  citizens  of  the  wiser  and  more  com- 
petent of  the  said  city,  and  send  them  to  us,  so  that  they  shall  be  with  us  at 
Shrewsbury  on  September  thirtieth  to  confer  with  us  about  this  and  other 
matters.  Witness,  the  King,  at  Rothelan,  on  the  twenty-eighth  day  of  June. 

In  the  aforesaid  form  it  was  commanded  to  each  and  every  sheriff  of  Eng- 
land that  in  each  county  they  cause  two  knights  to  be  elected,  of  the  more  dis- 
creet and  able  of  that  county,  to  come  to  the  king  in  behalf  of  the  commonalty 
of  the  said  county,  so  that  they  shall  be  present  with  the  king  on  the  thirtieth 
day  of  September,  at  Shrewsbury,  to  confer  with  the  king  about  these  and 
other  matters. 

13.  1285.      Statutes  of  the  Realm,  I.,  104  (Select  Charters,  434):     The 
prelates,  regular  clergy  and  other  ecclesiastical  persons,  and  also  the  eai-ls, 
barons  and  other  secular  or  lay  persons,  petitioned    the   lord    king  in  his 
Parliament  at  Westminster        *        *  that  the  lord  king  should  confirm 
by  his  power  the  charters  granted  by  his  ancestors,  the  kings  of  England,  or 
by  others,  to  their  predecessors  or  ancestors  and  confirm  them  brills  favor; 
whence  the  lord  king  having  considered  this  matter  with  his  council,  granted 
the  confirmation  of  the  charters. 

14.  1290.      Parliamentary  Writ  (Select  Charters,  477-9):      The  King  to 
the  sheriff  of  Northumbria  greeting:    Since  *        we  wish  to  have 
a  conference  and  meeting,  we  order  you  to  have  elected,  without  delay,  from 
the  said   county  two  or  three  knights  of  the  more  discreet  and  capable,  and 
cause  them  to  come  to  us  at  Westminster                      with  full  power  for  them- 
selves and  for  the  whole  commonalty  of  the  said  county,  to  consult  and  consent 
for  themselves  and  for  that  commonalty  in  those  matters  which  the  said  earls, 
barons,  and  nobles,  shall  have  brought  forward  at  that  time  to  be  agreed 
upon.    Witness,  the  King  at  Westminster,  on  the  fourteenth  day  of  June. 

15.  1294.   Parliamentary  Writ  (Select  Charters,  481-2):    The  King  to  the 
sheriff  of  Northumbria,  greeting:    Since  we  wish  to  have  a  conference  and 
meeting  with  the  earls,  barons  and  other  magnates  of  our  realm,  on  the  day 
following  the  feast  of  St.  Martin,  about  certain  arduous  business  touching  us 
and  our  realm,  we  require  that  you  cause  to  be  elected  two  knights  from  the 
more  discreet  and  more  capable  of  the  said  county,  and  cause  them  to  come 
to  us  at  Westminster,  and  that  they  be  there  on  the  day  set,  with  full  power 


for  themselves  and  for  the  entire  commonalty  of  the  said  county  to  consult  and 
assent,  for  themselves  and  for  that  commonalty,  in  those  matters  which  the 
earls,  barons  and  principal  men  aforesaid  amicably  shall  have  decided  in  the 
premises;  and  so  that  the  business  shall  not  remain  unfinished  for  lack  of 
power  of  this  kind. 

The  King  to  the  sheriff  of  Northumbria,  greeting:  Since  recently  we  re- 
quired that  yon  cause  to  come  to  us  at  Westminster,  on  the  day  next  after  the 
feast  ot  St.  Martin,  with  full  power  for  them  selves  and  for  the  entire  commonalty 
of  the  said  county,  two  knights  of  the  more  discreet  and  more  capable  of  the 
said  county,  elected  by  the  consent  of  the  said  county,  to  consult  and  assent  for 
themselves  and  for  that  commonalty  in  those  matters,  which  the  earls,  barons 
and  principal  men  of  our  realm  shall  establish,  we  specially  require  that  be- 
sides those  two  knights  you  will  cause  to  be  elected  two  other  knights,  legal 
and  capable,  and  you  will  cause  them  to  come  with  the  said  two  knights  to 
Westminster,  so  that  on  the  said  day  they  shall  be  there,  to  hear  and  to  do 
what  at  that  time  and  place  we  shall  enjoin  upon  them  more  fully. 

STMMARY  OF  REPRESENTATION  OF  THE  COMMONS,  1213-1294. 
(Tableincludesonly  cases  where  the  number  is  definitely  known). 

BOROUGHS. 

0 
0 
0 
0 
2 

4 
0 

2 
2 

2 
0 
0 
*Keeve  and  four  men  from  royal  demesne.     fT\veiity-one  towns. 

c.    The  Model  Parliament,  1295. 

1)    Composition;  cf.  Simon's  Parliament,  1265. 

Summons  of  Archbishop  of  Canterbury  to  Parliament,  129.~>  (Select  Char- 
ters, 484-5):— The  king  to  the  venerable  fatherin  Christ,  Robert,  by  the  same 
grace  Archbishop  of  Canterbur}-,  primate  of  all  England,  greeting.  As  a  most 
just  law,  established  by  the  careful  providence  of  sacred  princes,  exhorts  and 
decrees  that  what  affects  all,  should  be  approved  by  all,  so  also,  very  evidently 
should  common  danger  be  met  by  means  provided  in  common.  You  know  suf- 
ficiently well,  and  it  is  now,  as  we  believe,  known  through  all  regions  of  the 
•world,  how  the  King  of  France  fraudulently  and  craftily  deprived  us  of  our 
land  of  Gascony,  by  witholding  it  unjustly  from  us.  Now,  however,  not  satis- 
fied with  the  aforesaid  fraud  and  injustice,  having  gathered  together  for  the 
conquest  of  our  kingdom  a  very  great  fleet,  and  a  very  large  force  of  warriors, 
with  which  he  has  made  a  hostile  attack  on  our  kingdom  and  the  inhabitants 


DATE. 

PLACE. 

COUNTIES. 

1213. 

"St.  Albans....  

1213. 

Oxford  

-1- 

1254. 

Westminster  

<> 

1261. 

St.  Albans  

3 

1264. 

Westmivi^t  ,  r  

4- 

1265. 

" 

2 

1273. 

».' 

4 

1275. 

•• 

2 

1282. 

Northampton  

4 

York  

4 

1283. 

tShre  wsbu  r  v  

2 

1290. 

Westminster  

2 

1294. 

" 

.     4 

of  the  kingdom,  he  now  proposes  to  stamp  out  the  English  language  alto- 
gether from  the  earth,  if  his  power  should  be  equal  to  the  detestable  task  of  the 
proposed  iniquity,  which  God  forbid.  Because, therefore,  darts  seen  beforehand 
do  less  injury,  and  your  interest  especially,  as  that  of  other  fellow  citizens  of 
the  same  realm,  is  concerned  in  this  affair,  we  command,  you  strictly  enjoining 
you  in  the  fidelity  and  love  in  which  you  are  bound  to  us,  that  on  the  Lord's 
day  next  after  the  feast  of  St.  Martin,  in  the  approaching  winter,  you  be 
present  in  person  at  Westminster ;  citing  beforehand  the  dean  and  chapter  of 
your  church,  the  archdeacons  and  all  the  clergy  of  your  diocese,  causing  the 
same  dean  and  archdeacons  in  their  own  persons,  and  the  s^id  chapter  by  one 
suitable  proctor,  and  the  said  clergy  by  two,  to  be  present  along  with  you, 
having  full  and  sufficient  power  of  themselves  from  the  chapter  and  clergy,  for 
considering,  ordaining  and  providing  along  with  us  and  with  the  rest  of  the 
prelates  and  principal  men  and  other  inhabitants  of  our  kingdom  how  the  dan- 
gers and  threatened  evils  of  this  kind  are  to  be  met.  Witness,  the  king  at 
Wengham,  the  thirtieth  day  of  September. 

Like  summons  were  sent  to  the  Archbishop  York,  eighteen  bishops,  and, 
with  the  omission  of  the  last  paragraph,  to  seventy  abbots. 

Summons  of  the  Earl  of  Cornwall  to  Parliament,  1295,  (Select  Charters): 
485-6. — The  King  to  his  beloved  and  faithful  kinsman,  Edmund,  Earl  of  Corn- 
wall, greeting.  Because  we  wish  to  have  a  conference  and  meeting  with  you 
and  with  the  rest  of  the  principal  men  of  our  kingdom,  to  provide  remedies  for 
the  dangers  which  in  these  days  threaten  our  whole  kingdom;  we  command 
3'ou,  strictly  enjoining  you  by  the  fidelity  and  love  in  which  you  are  bound  to 
us,  that  on  the  Lord's  day  next  after  the  feast  of  St.  Martin,  in  the  approach- 
ing winter,  3-011  be  present  in  person  at  Westminster,  for  considering,  ordain- 
ing and  doing  with  us,  and  with  the  prelates,  and  the  rest  of  the  magnates  and 
other  inhabitants  of  our  kingdom,  as  may  be  necessary  to  meet  dangers  of  this 
kind. 

Witness,  the  king  at  Canterbury,  on  the  first  day  of  October. 

Like  summons  were  sent  to  seven  earls  and  forty-one  barons. 

Summons  of  Representatives  of  Shires  and  Towns  to  Parliament,  1295, 
(Select  Charters,  486}:—  The  King  to  the  sheriff  of  Northamptonshire.  Since 
we  purpose  to  have  a  conference  and  meeting,  with  the  earls,  barons  and  other 
principal  men  of  our  kingdom  to  provide  remedies  for  the  dangers  which  in 
these  days  threaten  the  same  kingdom;  and  on  that  account,  have  com- 
manded them  to  be  with  us,  on  the  Lord's  Day  next  after  the  feast  of  St.  Martin, 
in  the  approaching  winter,  at  Westminster,  to  consider,  ordain,  and  do,  as  may 
be  necessary  for  the  avoidance  of  these  dangers;  we  strictly  require  you  to 
cause  two  knights  from  the  aforesaid  county,  two  citizens  from  each  city  in 
the  same  county,  and  two  burgesses  from  each  borough,  of  the  more  discreet 
and  capable,  to  be  elected  without  delav,  and  to  cause  them  to  come  to  us,  at 
the  aforesaid  time  and  place. 

Moreover,  the  said  knights  are  to  have  full  and  sufficient  power,  for  them- 


selves  and  for  the  commonalty  of  the  aforesaid  county,  and  the  said  citizens  and 
burgesses  for  themselves  and  for  the  common alty  of  the  aforesaid  cities  and  bor- 
oughs separately,  then  and  there  to  do  what  shall  be  ordained  by  the  common 
advice  in  the  premises ;  so  that  the  aforesaid  business  shall  not  remain  unfin- 
ished in  any  way  for  defect  of  this  power.  And  you  shall  have  there  the  names 
of  the  knights,  citizens  and  burgesses,  and  this  writ. 

Witness,  the  king  at  Canterbury,  on  the  third  day  of  October. 

Like  summons  were  sent  to  the  sheriffs  of  each  county. 
2)   Powers  and  procedure. 

d.   The  Confirmatio  Chartarum,  1297. 

1)  Occasion. 

2)  Cf.  Magna  Charta. 

CONFIRMATIO  CHARTARUM 

(SELECT  CHARTERS,  487-97). 

I.  Edward,  by  the  grace  of  God,  King  of  England,  Lord  of  Ireland,  and 
Duke  of  Guyan,  to  all  those  that  these  present  letters  shall  hear  or  see,  greeting. 
Know  ye  ,that  we,  to  the  honour  of  God  and  of  Holy  Church,  and  to  the  profit 
of  our  realm,  have  granted  for  us  and  our  heirs,  that  the  Charter  of  Liberties 
and  the  Charter  of  the  Forest,  which  were  made  by  common  assent  of  all  the 
realm,  in  the  time  of  King  Henry  our  father,  shall  be  kept  in  every  point  with- 
out breach.    And  we  will  that  the  same  charters  shall  be  sent  under  our  seal 
as  well  to  our  justices  of  the  forest  as  to  others,  and  to  all  sheriffs  of  shires,  and 
to  all  our  other  officers,  and  to  all  our  cities  throughout  the  realm,  together 
with  our  writs  in  the  which  it  shall  be  contained,  that  they  cause  the  aforesaid 
charters  to  be  published,  and  to  declare  to  the  people  that  we  have  confirmed 
them  in  all  points,  and  that  our  justices,  sheriffs,  mayors,  and  other  ministers 
which  under  us  have  the  laws  of  our  land  to  guide,  shall  allowr  the  said  charters 
in  pleas  before  them,  and  in  judgments  in  all  their  points ;  that  is,  to-wit,  the 
Great  Charter  as  the  common  law,  and  the  Charter  of  the  Forest  according  to 
the  Assize  of  the  Forest,  for  the  wealth  of  our  realm. 

II.  And  we  will  that  if  any  judgment  be  given  from  henceforth,  contrary 
to  the  points  of  the  charters  aforesaid,  by  the  justices  or  by  any  other  our 
ministers  that  hold  plea  before  them  against  the  points  of  the  charters,  it  shall 
be  undone  and  holden  for  nought. 

III.  And  we  will  that  the  same  charters  shall  be  sent  under  our  seal  to 
cathedral  churches  throughout  our  realm,  there  to  remain,  and  shall  be  read  be- 
fore the  people  two  times  by  the  year. 

IV.  And  that  all  archbishops  and  bishops  shall  pronounce  the  sentence  of 
great  excommunication  against  all  those  that  by  word,  deed,  or  counsel,  do 
contrary  to  the  aforesaid  charters,  or  that  in  any  point  break  or  undo  them. 
And  that  the  said  curses  be  twice  a  year  denounced  and  published  by  the  pre- 
lates aforesaid.    And  if  the  same  prelates  or  any  of  them  be  remiss  in  the 
denunciation  of  the  said  sentences,  the  Archbishops  of  Canterbury  and  York 


4-G 

for  the  time  being,  as  is  fitting,  shall  compel  and  distrein  them  to  make  that 
denunciation  in  form  aforesaid. 

V.  And  for  so  much  as  divers  people  of  our  realm  are  in  fear  that  the  aids 
and  tasks  which  they  have  given  to  us  beforetime,  towards  our  wars  and  other 
business,  of  their  own  grant  and  goodwill,  howsoever  they  were  made,  might 
turn  to  a  bondage  to  them  and  their  heirs,  because  they  might  be  at  another 
time  found  in  the  rolls,  and  so  likewise  the  prises  taken  throughout  the  realm 
by  our  ministers :  we  have  granted  for  us  and  our  heirs,  that  we  shall  not 
draw  such  aids,  tasks,  nor  prises  into  a  custom  for  anything  that  hath  been 
done  heretofore  or  that  may  be  found  by  roll  or  in  any  other  manner. 

VI.  Moreover  we  have  granted  for  us  and  our  heirs,  as  well  to  arch- 
bishops, bishops,  abbots,  priors,  and  other  folk  of  holy  church,  as  also  to  earls, 
barons,  and  to  all  the  commonalty  of  the  land,  that  for  no  business  from  hence- 
forth will  we  take  such  manner  of  aids,  tasks,  nor  prises,  but  by  the  common 
assent  of  the  realm,  and  for  the  common  profit  thereof,  saving  the  ancient  aids 
and  prises  due  and  accustomed. 

VII.  And  for  so  much  as  the  more  part  of  the  commonalty  of  the  realm, 
find  themselves  sore  grieved  with  the  maletote  of  wools,  that  is,  to  wit,  a  toll 
of  forty  shillings  for  every  sack  of  wool,  and  have  made  petition  to  us  to  release 
the  same;  we,  at  their  requests,  have  clearly  released  it,  and  have  granted  for 
us  and  our  heirs  that  we  shall  not  take  such  thing  nor  any  other  without  their 
common  assent  and  goodwill ;  saving  to  us  and  our  heirs  the  custom  of  wools, 
skins,  and  leather  granted  before  by  the  commonalty  aforesaid.    In  witness  of 
which  things  we  have  caused  these  our  letters  to  be  made  patents.    Witness, 
Edward  our  son,  at  London,  the  10th  day  of  October,  the  five  and  twentieth 
year  of  our  reign. 

And  be  it  remembered  that  this  same  charter  in  the  same  terms,  word  for 
word,  was  sealed  in  Flanders  under  the  king's  great  seal,  that  is  to  say,  at  Ghent, 
the  5th  day  of  November,  in  the  25th  year  of  the  reign  of  our  aforesaid  lord  the 
king,  and  sent  into  England.— (Statutes  of  the  Realm,  i.  124,  125). 

2.  Legislation  and  judicial  changes, 
a.   Statutes  and  enactments. 

STATUTE  OF  MERTON,  1236— Laws  of  England  not  to  be  changed. 

PROVISIONS  OF  OXFORD,  1258 — Church  reformed;  royal  officers  to  report;  chan- 
cellor not  to  seal  bj'sole  will  of  the  king;  three  parliaments  annually. 

PROVISIONS  OF  WESTMINSTER,  1259— Regulated  feudal  dues;  anticipates  Mort- 
main ;  omits  death  by  misadventure  from  cases  for  Itinerant 
Justices. 

DICTUM  OF  KENILWORTH,  1266— King's  liberty  of  power;  right  of  appoint- 
pointment ;  Provisions  of  Oxford  repealed ;  act  of  resumption ; 
amnesty. 

STATUTE  OF  MARLBOROUGH,  1267— Provisions  of  Westminster  in  statute  form. 

STATUTE  OF  WESTMINSTER  I.,  1275 — Regulated  feudal  incidents  and  judicial 
matters,  checking  abuses;  felonious  clergy  in  King's  courts. 

STATUTE  OF  GLOUCESTER,  1278— Forty-shilling  debts;  De  quo  wnrranto. 


STATUTE  OF  MORTMAIN,  1279— De  viris  religiosis;  against  appropriation   of 

lands  or  holdings  so  that  they  come  into  mortmain. 
STATUTE  OF  WALES,  128-1— Settled  the  administration  of  that  country. 
STATUTE  OF  WESTMINSTER  II.,  1285— De  donis  conditionalibus;  entails;  circuit 

of  assizes,  two  or  three  times  a  year. 
STATUTE  OF  WINCHESTER,   1285— Assize  of  arms;  hue  and  cry;  watch  and 

ward  ;  highways  cleared ;  arms  to  be  kept. 
STATUTE  OF  CIRCUMSPECTEAGATIS,  1285— Ecclesiastical  courts  to  be  regulated  ; 

only  penances,  tithes,  mortuaries,  perjury,  and  spiritual  offenses. 
STATUTE  OF  WESTMINSTER, III.,  1 290— Qiria  Emptores;  checked  subinfeudation 

and  allowed  alienation. 
CONFIRMATIO  CHARTARUM,  1297 — Great  Charter  and  Charter  of    the  Forest 

re-published ;  Aids  and  Prises  not  a  precedent ;  no  more  to  be  taken 

without  common  consent,  except  the  ancient  aids  and  due  prises ; 

Maletote  on  wool  discontinued. 
ARTICULI  SUPER  CARTAS,  1300— Chancery  and  King's  Bench  to    follow   the 

king ;  Exchequer  and  Common  Pleas  at  Westminster. 
STATUTE    OF    CARLISLE,    1307— Forbids  payment    of   tallage    011     monastic 

property  and  other  imposts,  to  send  to  Rome. 

b.  Final  division  of  the  Curia  Regis. 

c.  Development  of  the  chancellor's  jurisdiction. 

VII.  DEVELOPMENT  OF  PARLIAMENTARY  POWERS,  1307-1461. 

A.  BIBLIOGRAPHY. 
1.   Original. 

a.  Edward  II.,  Edward  III.  and  Richard  II. 
ADAM  OF  USK  :  Chronicle. 

CHAUCER:  Poems. 

DOMESDAY  BOOK  OF  ST.  PAUL'S  :  Edited  by  Hale. 

FASCICURLI  ZIZANIORUM  :  (Wiclif). 

FORTESCUE:  The  Governance  of  England. 

FROISSARD  :  Chronicles. 

HUTTON:  Edward  III.  and  his  Wars. 

JEHAN  LE  BEL  :  Chroniques. 

KNYGHTON:  Chronicle. 

LANGLAND:  Complaint  of  Piers  the  Ploughman. 

Deposition  of  Richard  II. 
MERIMUTH  :  Chronicle. 

POLITICAL  SONGS  FROM  EDWARD  III.:  Edited  by  Wright. 
RALPH  HIGDEN:  Polychronicum. 

ROBERT  OF  AYESBURY:  Historia  de  miraculisgestis  Edwardi  Tertii. 
THOMAS  OF  WALSINGHAM  :  Historia  Atiglicana. 

b.  The  Fifteenth  Century. 
AXXALES  HENRICI  OUARTI. 


ARRIVAL  OF  EDWARD  IV.:  Edited  by  Bruce. 
HALL'S  CHRONICLE. 
JOHN  CAPGRAVK:  Chronicle  of  England. 
LETTERS  AND  PAPERS  OF  RICHARD  III.:  Edited  by  Gairdner. 
MOXSTRELET:  Chronicle. 
MORE:  Life  of  Edward  V. 
PASTON  LETTERS. 

POLYDORE  VERGIL  :  Historia  Anglica. 
ROBERT  FABYAN:  Chronicle. 
TITUS  LIYIUS:  Gesta  Henrici  Otrinti. 
2.  Secondary. 

ASHLEY:  English  Economic  History,  Vol.  I,,  Book  I.,  Chap.  I. 
CREASY:  History  of  England,  Vol.  II.,  esp.  Chaps.  III.-V.  and  X. 

English  Constitution,  Chap.  XIV. 

CREIGHTON:  History  of  the  Papac}',  Vol.  I.,  pp.  101-115. 
CUNNINGHAM:  Growth  of  English  Industry  and   Commerce.   Vol.   I., 

Book  III.,  Chap.  II.,  Sec.  92 ;  Chap.  III.,  Sec.  102.     Book  IV., 

Chap.  I.;  and  Chap.  II.,  Sec.  118. 
CUNNINGHAM  AND  MCARTHUR:  Outlines  of  English  Economic  Historv, 

Period  III. 
FEILDEN:  Constitutional  History  of  England,  pp.  19-23,  36-42,  57-64, 

95-97,  99-101,  103-104,  106-107,  110-111,  113-117,131-133, 

134-137,  150-151,  165-169,  281-285. 
FREEMAN:  Essays,  Series  I.,  Reign  of  Edward  III. 

Series  IV.  Nobility ;  The  House  of  Lords. 

Growth  of  the  English  Constitution,  pp.  96-101. 
FORTESCUE:  Governance  of  England,  Introduction,  pp.  1-37. 
GAIRDNER:  Houses  of  Lancaster  and  York,  Chaps.  IV.,  V.  and  VII. 
GIBBIN:  Industrial  History  of  England,  Chap.  V. 

GNEIST:  Constitutional  History  of  England,   Vol.   II.,    Chaps.    XV., 
XVI.  and  XIX. 

The  English  Parliament. 

GREEN:  History  of  the  English  People.  Vol.  I.,  Book  IV. 
HALLAM:  Middle  Ages,  Chap.  VIII.,  Part  III. 
HUNT:  English  Church  in  the  Middle  Ages,  pp.  182-218. 
JUSSERAND:  Literary  History  of  the  English  People,   Book  III.,  Chaps. 

I.-V. 

LINGARD:  History  of  England,  Vols.  III.,  and  IV.,  Chap.  I. 
MILMAN:  Latin  Christianity,  Book  XIL,  Chaps.  VI.,  VII. 
PERRY:  English  Church  History,  Vol.  I.,   Chaps.  XX.-XXII. 
PIKE:  History  of  Crime  in  England,  Vol.  L,  pp.  309-353. 
POOLE:  Wicliffe  and  Movements  for  Reform,  esp.  Chaps.  I II. -VIII. 
RAMSEY:  Lancaster  and  York. 

RANKE:  History  of  England,  Vol.  L,  Book  I.,  Char,.  Y. 
REEVES:  History  of  the  English  Law,  Vol.  III..  Chap.  XXIV. 


ROGERS:  Work  and  Wages,  Chaps.  V1I.-IX.  and  XIII. 

ROWLEY:  Rise  of  the  People,  Books  III.,  IV.  and  V.,  Chaps.  I.  and  II. 

STUHP-S:  Constitutional  History  of  England,  Vol.  II. ,  Chaps.  XVI.  and 

XVII.,  esp.  Sees.  245-251,  258-259,  262-277,  286-298;  Vol. 

III.,  Chaps.  XVIIL-XX.,  esp.  Sees.  355-373,  423,  426-430, 

433,  435-441,  451-453. 
Early  Plantagenets,  Chap.  XII. 

TASWELL-LANGMEAD:  Constitutional  History  of  England,  Chap.  IX. 
TAYLOR:  Origin  and   Growth  of  the  English  Constitution,  Book  III., 

Chap.  I.,  Sees.  9-14;  Chap.  II.,  Sees.  1-4,  6-7. 
TRAILL:  Social  England,  Vol.  II. ,  Chaps.  VI.  and  VII. 
TRENCH  :  Mediaeval  Church  History.  Lecture  XXI. 
WARBURTON:  Edward  III. 
B.    NARRATIVE. 

1.  Edward  II.,  1307-1327. 

a.  The  favorites. 

b.  Loss  of  Scotland  ;  Bannockburn. 

c.  The  Ordinances  and  Ordaincrs. 

d.  Deposition. 

2.  Edward  III.,  1327-1377. 

a.   Foreign  wars;  beginning  of  the  Hundred  Years  War. 

1)  Edward's  claim. 

2)  Battles;  Crecy,  Calais,  Poitiers. 

3)  Treaty  of  Bretigny,  1360. 

4)  Later  course  of  the  war;  loss  of  almost  all  territory. 

5)  Result  of  the  war. 

3.  Richard  II.,  1377-1399. 

a.  Minority. 

b.  Constitutional  rule. 

c.  Attempt  at  personal  rule ;  deposition. 

4.  Henry  IV.,  1399-1413. 

a.  Revolts. 

b.  Settlement  of  the  succession. 

5.  Henry  V.,  1413-1422. 

a.   Conquest  of  France. 

1)  Henry's  claim. 

2)  Condition  of  France. 

3)  Agincourt. 

4)  Treaty  of  Troves,  1420;  terms. 

6.  Henry  VI.,  1422-1461. 

a.  Minority. 

1)  Quarrels  in  the  Council. 

2)  Loss  of  France. 

b.  Character  of  the  king. 

c.  Administrative  failure ;  Cade's  rebellion. 


d.   The  succession;  War  of  the  Roses. 
1)   Claims  of  the  two  houses, 
2).  Events  of  the  war;  York,  Warwick. 

3)  Deposition  of  Henry. 

4)  Results. 

C.   CONSTITUTIONAL  DEVELOPMENT. 
1.   Parliament. 

a.  Evolution  of  the  two  houses. 

1)  Divisions;  a  national  council  and  an  assembly  of  estates. 

a)  The  three  estates;   Clergy,  Lords  and  Commons;  sub-divi- 

sions. 

b)  Summons;  personal,  general. 

2)  Steps  in  the  evolution. 

a)  Withdrawal  of  the  lower  clergy. 

b)  Refusal  of  barons  and  clergy  to  admit  knights. 

c)  Change  in  the  S3rstem  of  taxation. 

d)  Occasional  union  of  knights  and  burgesses  in  petition. 

e)  Permanent  union  and  organization. 
.">)    Advantages  of  two  houses. 

a)   To  England, 
1j)   In  general. 

b.  Powers;  development,  extent  and  division  between  tlic  two  lionsrs. 

1)  Taxation. 

a)  Participation  in  taxation. 

1)   Immemorial  right  of  national  assembly. 

(2)  Magna  Charta,  1215;  extraordinary  feudal  dues. 

(3)  Confirmatio,   1297;    all  taxes  but  those  reserved  by 
salvo,  i.  e.,  tallageand  imposts. 

(4)  Tallage;  assent  required  1333-40. 

(5)  Imposts;  assent  required  1353. 

(6)  Summary. 

b)  Control  by  Commons. 

(1)  Model  Parliament,  assent  only. 

(2)  1408  exclusive  right  recognized. 

c)  Appropriation  for  specific  purpose. 

(1)  Assertions  and  practice  to  1390. 

(2)  Later  practice. 

(3)  Finally  secured  Appropriation  Act,  1666. 

2)  Legislation. 

a)  Participation  in  legislation. 

(1)  Immemorial  right ;  consent  of  Witan  al  way;?  rcquit eel. 

(2)  Form  of  assent  always  maintained. 

b)  Share  of  Commons  in  legislation. 

(1)  Model  Parliament,  petition  only. 

(2)  Development  from  petition  to  bill;  steps  and  causes. 


Umvcvgth:  press  of  Minnesota,  Minneapolis 


Berkeley 


YC  08999 


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